DIVISION 150
FOOD SANITATION RULES
Definitions and Administration
333-150-0000
Food Sanitation Rule
(1) Authority and Purpose.
(a) This rule is authorized by ORS 624.100.
(b) This rule establishes definitions, sets standards for management and personnel, food protection, and equipment and facilities, water supply, sewage disposal, provides for food establishment plan review, and employee restriction to safeguard public health and provide consumers food that is safe, unadulterated, and honestly presented.
(2) Incorporation by Reference. The requirements as found in the U.S. Public Health Service, Food and Drug Administration, Food Code 1999, Chapters 1 through 8 is adopted and incorporated by reference.
(3) Deletions. The following sections, paragraphs or subparagraphs of the 1999 FDA Food Code are deleted in their entirety: 1-201.10(B)(36), 2-103.11(H), 2-201.11, 2-201.12 (B), (C) and D), 2-201.13(C) and (D), 3-201.16, 3-301.11(C), 3-401.11(D)(3), 4-301.12(C)(5), (D) and (E), 4-501.115, 4-603.16(B) and (C), 8-302.11, 8-302.14(E), 8-401.10(B), 8-401.20, 8-402.20(A)(3), 8-402.40, 8-406.11, 8-501.40 and Annex 1 through 8.
(4) Additions and Amendments.
(a) Amend subparagraph 1-201.10(B)(1)(a) to read: "Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals or approved by the Department of Human Services.
(b) Add a new subparagraph 1-201.10(B)(1.1) to read: “Actively cooled” means once the temperature of a potentially hazardous food has fallen below 60 degrees C (140 degrees F), it is placed in cooling or cold holding equipment and cooled according to sections 3-501.14 and 3-501.15.
(c) Add a new subparagraph 1-201.10(B)(4.1) to read: “Assembly” means the act of putting together foods that do not require further preparation. This includes, but is not limited to, placing a hot dog on a bun, or placing beans, lettuce and cheese on a tortilla.
(d) Add a new subparagraph 1-201.10(B)(5.1) to read: “Base of Operation” means the licensed restaurant, commissary or warehouse that services a mobile unit or vending operation.
(e) Add a new subparagraph 1-201.10(B)(5.2) to read: “Benevolent Meal Site” means:
(A) A periodic food service operation run by a benevolent organization that provides food to the needy or indigent without charge; and
(B) The meal service does not operate from a permanent kitchen facility.
(f) Add a new subparagraph 1-201.10(B)(7.1) to read: "Catering" means the preparation of food in an approved food establishment and the transportation of such food for service and consumption at some other site.
(g) Add a new subparagraph 1-201.10(B)(9.1) to read: "Close" means to summarily stop the operation of a food establishment pursuant to ORS 624.085 and ORS 624.370.
(h) Add a new subparagraph 1-201.10(B)(10.1) to read: "Code" shall have the same meaning as rule.
(i) Add a new subparagraph 1-201.10(B)(11.1) to read: "Combination Food Service Establishment" means any food establishment located within a single structure or at a single site, but which is engaged in activities which are subject to licensing or inspecting requirements of both the Department of Human Services and the Oregon Department of Agriculture, and the regulated activities are common to the same operator.
(j) Add a new subparagraph 1-201.10(B)(11.2) to read: “Commercial warewashing machine” means a warewashing machine designed and manufactured specifically for use in a food service establishment such as a restaurant and not for domestic or light-commercial purposes.
(k) Add a new subparagraph 1-201.10(B)(12.1) to read: "Commissary" means a commissary catering establishment, restaurant, or any other place in which, food, beverage, ingredients, containers, or supplies are kept, handled, packaged, prepared or stored, and from which vending machines or mobile units are serviced.
(l) Add a new subparagraph 1-201.10(B)(12.2) to read: "Complete Inspection" means any inspection conducted at the election of the licensing agency evaluating for all items on the inspection form.
(m) Add a new subparagraph 1-201.10(B)(12.3) to read: "Condiments" means garnishes, toppings, or seasonings that are added to a food to enhance or compliment the flavor, such as diced onions, dice tomatoes, hot sauce, ketchup, mayonnaise, mustard, relish, salt, shredded cheese and sugar.
(n) Add a new subparagraph 1-201.10(B)(18.1) to read: "Critical violations" means those items weighted zero (0), four (4) or (5) points on the Inspection Report or the Inspectional Guide.
(o) Add a new subparagraph 1-201.10(B)(18.2) to read: "Critical violations creating an imminent danger to public health" means those critical violations in which at least one of the following conditions exists:
(A) Food and drink is spoiled, unwholesome, or contaminated with pathogenic or fecal organisms, toxic chemicals, insect or rodent parts or excreta, or other harmful substances or articles;
(B) Potentially hazardous foods have been kept at temperatures above 45 degrees F. and below 140 degrees F. for four hours or more;
(C) Food employee has a reportable disease or medical condition under section 2-201.11.
(p) Add a new subparagraph 1-201.10(B)(18.3) to read: "Critical violations creating a potential danger to public health" means all critical violations other than those that create an imminent danger to public health.
(q) Add a new subparagraph 1-201.10(B)(18.4) to read: "Critical violations creating a significantly increased risk for foodborne illness" include:
(A) Potentially hazardous foods at improper temperatures.
(B) Cross contamination of raw to ready to eat foods.
(C) Poor personal hygiene and handwashing.
(r) Add a new subparagraph 1-201.10(B)(18.5) to read: "Danger to public health" is a condition which is conducive to propagation or transmission of pathogenic organisms or, a chemical or physical hazard which presents a reasonably clear possibility that the public is exposed to physical suffering or illness.
(s) Add a new subparagraph 1-201.10(B)(18.6) to read: “Department” means the Department of Human Services.
(t) Add a new subparagraph 1-201.10(B)(18.7) to read: “Director” means the Director of the Department of Human Services or authorized representative.
(u) Amend subparagraph 1-201.10(B)(25)(a) to read: "Equipment" means an article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meat block, meat tenderizer, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine.
(v) Amend subparagraph 1-201.10(B)(31) to read: Food Establishment
(A) "Food establishment" means an operation that prepares, assembles, packages, serves, stores, vends, or otherwise provides food for human consumption.
(B) "Food establishment" includes but is not limited to:
(i) Bars, bed and breakfast facilities, cafeterias if open to the public, catered feeding locations, caterers, coffee shops, commissaries, conveyance used to transport people, hospitals if open to the public, hotels, microbreweries, motels, private clubs if open to the public, restaurants, satellite sites, senior citizen centers, snack bars, taverns, vending locations, warehouses, or similar food facilities;
(ii) An operation that is conducted in a mobile food unit, temporary food establishments, or permanent facility or location; where consumption is on or off premises; and regardless of whether there is a charge for the food.
(iii) The premises of a fraternal, social, or religious organization where food is prepared for the public.
(iv) Except as specified in 1-201.10(B)(31)(c)(xiv), school food service that is provided by a private person, business, or organization; and that serve persons other than enrolled students, invited guests or staff.
(v) That relinquishes possession of food to a consumer directly through a restaurant takeout order.
(C) "Food establishment" does not include:
(i) An establishment that offers only prepackaged foods that are not potentially hazardous;
(ii) A produce stand that offers only whole, uncut fresh fruits and vegetables;
(iii) A food processing plant;
(iv) A private home where food is prepared or served for family and guests, and where the public is not invited.
(v) A private home that receives catered or home-delivered food.
(vi) An establishment licensed and inspected by the Oregon Department of Agriculture.
(vii) An establishment or organization that prepares or sells the following food items shall be exempt from licensure and the provisions of ORS 624.010 to 624.120, and 624.310 to 430:
(I) Candy, candied apples, cookies and non-potentially hazardous confections;
(II) Commercially prepackaged ice cream and frozen desserts;
(III) Commercially pickled products, commercially processed jerky, nuts, nutmeats, popcorn, and prepackaged foods such as potato chips, pretzels, and crackers;
(IV) Unopened bottled and canned non-potentially hazardous beverages to include alcoholic beverages;
(V) Coffee and tea, with non-potentially hazardous ingredients;
(VI) Hot beverages prepared by the customer from individually packaged powdered mixes and water; and
(VII) Other food items as determined by the Department of Human Services.
(viii) Private vehicles used for home deliveries.
(ix) Personal chef who prepares food for an individual or private party. The personal chef may purchase food from a grocery store, but shall not store food or prepare food in advance. The personal chef may use his or her own equipment, utensils and spices.
(x) Continental breakfast served by a traveler’s accommodation licensed under ORS 446 and that is limited to the following: individual or bulk dispensed containers of commercially prepared juices; commercially prepared non-potentially hazardous pastries; whole uncut fresh fruit with peel, coffee and tea with non-potentially hazardous ingredients.
(xi) Except as specified in 1-201.10(B)(31)(b)(i), mobile food units that are operated by a market, are located on the property of the market and are under the jurisdiction of the Oregon Department of Agriculture.
(xii) Except as specified in 1-201.10(B)(31)(b)(i), outdoor barbecues operated by a market that are located on the property of the market and are under the jurisdiction of the Oregon Department of Agriculture.
(xiii) Food service that is provided by a state, county, or other governmental entity.
(xiv) Except as specified in 1-201.10(B)(31)(b)(iv), school food service that is provided by a state, county, or other governmental entity; or is providing food to students, teachers, other school staff, and invited guests.
(xv) Any person holding a "one-day, special retail beer or special retail wine license" for a private residence; or anyone who possesses a "temporary" license from the Oregon Liquor Control Commission who serves alcoholic beverages to the public, but serves only foods exempted under 1-201.10(B)(31)(c)(vii) and uses single-service articles.
(xvi) A bed and breakfast facility with two or less rooms for rent on a daily basis.
(xvii) A home processor licensed by the Oregon Department of Agriculture that serves only prewrapped, non-potentially hazardous food at a farmer’s market.
(w) Amend subparagraph 1-201.10(B)(32)(a) to read: "Food processing plant" means a commercial operation or a domestic kitchen licensed by the Oregon Department of Agriculture that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a consumer.
(x) Amend subparagraph 1-201.10(B)(41) to read: "Imminent health hazard" means the same as 1-201.10(B)(18.1).
(y) Add subparagraph 1-201.10(B)(42.1) to read: “Integral” means that all equipment associated with a mobile unit must be rigidly and physically attached to the unit without restricting the mobility of the unit while in transit. This does not preclude the use of a barbecue unit in conjunction with a Class IV mobile food unit.
(z) Add subparagraph 1-201.10(B)(45.1) to read: "License" means the same as permit for the purposes of this rule.
(aa) Add subparagraph 1-201.10(B)(45.2) to read: "License holder" means the same as permit holder for the purposes of this rule.
(bb) Add subparagraph 1-201.10(B)(46.1) to read: "Maximum Contaminant Level (MCL)" means the maximum allowable level of a contaminant in water for consumption delivered to the users of a system, except in the case of turbidity where the maximum allowable level is measured at the point of entry to the distribution system.
(cc) Add subparagraph 1-201.10(B)(48.1) to read: “Mobile Food Unit” means any vehicle that is self-propelled or that can be pulled or pushed down a sidewalk, street, highway or waterway, on which food is prepared, processed or converted or which is used in selling and dispensing food to the ultimate consumer.
(dd) Add subparagraph 1-201.10(B)(49.1) to read: "Outdoor Barbecue" means an open-air preparation by a restaurant of food by cooking over an open fire utilizing either a permanent or portable grill, where the purpose of barbecuing is to impart a unique flavor to the food.
(ee) Add subparagraph 1-201.10(B)(63.1) to read: “Preparation” means the process whereby food is transformed into a consumable form. This includes, but is not limited to, slicing or dicing vegetables, grating cheese, portioning foods, slicing sandwiches, blending foods, or cooking or reheating foods.
(ff) Add subparagraph 1-201.10(B)(65.1) to read: "Quarterly Sampling" means a sample is taken and submitted according to the following schedule: 1st Quarter is January 1 through March 31, 2nd Quarter is April 1 through June 30, 3rd Quarter is July 1 through September 30 and the 4th Quarter is October 1 through December 31.
(gg) Add subparagraph 1-201.10(B)(65.2) to read: “Raw-to-Finish” means cooking foods that are potentially hazardous when in a raw state to a finished, edible state. This practice includes, but is not limited to, cooking raw hamburgers or barbecuing raw meats.
(hh) Add subparagraph 1-201.10(B)(66.1) to read: "Recheck Inspection" means:
(A) An inspection to determine whether specified corrections have been made or alternative procedures maintained for violations identified in previous inspections; or
(B) An inspection to determine whether specific corrections have been maintained for critical violations creating a significantly increased risk for foodborne illness. Recheck inspections may be conducted either on pre-announced dates or unannounced.
(ii) Add subparagraph 1-201.10(B)(69.1) to read: "Repeat violation" means a violation of a rule which is the same specific problem or process as indicated on the Food Service Inspection Report occurring in two consecutive semi-annual inspections.
(jj) Add subparagraph 1-201.10(B)(71.1) to read: “Sample” as it relates to ORS 624.010 means no more than a two to three ounce portion of a food or beverage.
(kk) Add subparagraph 1-201.10(B)(73.1) to read: "Semi-annual inspection" means an unannounced complete inspection conducted twice during the calendar year; one in each half of the year, but not less than 90 days or more than 270 days apart.
(ll) Amend subparagraph 1-201.10(B)(87) to read: "Temporary food establishment" means the same as ORS 624.010(6).
(mm) Add subparagraph 1-201.10(B)(87.1) to read “Transport Vehicle” means a vehicle used to transport foods or utensils from the base of operation to a mobile food unit.
(nn) Amend subparagraph 1-201.10(B)(89) to read: "Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; food temperature measuring devices; trays used with highchairs; and probe-type price or identification tags used in contact with food.
(oo) Add subparagraph 1-201.10(B)(90.1) to read: “Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a public highway, and includes vehicles that are propelled or powered by any means. This definition includes watercraft.
(pp) Add subparagraph 1-201.10(B)(92.1) to read: "Violation" means any condition which fails to meet a requirement of ORS Chapter 624 or this rule.
(qq) Add subparagraph 1-201.10(B)(92.2) to read: "Warehouse" means any place where food, utensils, single-service articles, cleaning or servicing supplies for vending machines, mobile units, or commissaries are stored.
(rr) Amend section 2-102.11 to read: Based on the risks of foodborne illness inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the Hazard Analysis Critical Control Point principles, and the requirements of this Code. The person in charge shall demonstrate this knowledge by compliance with this Code, by being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program, a corporate training program approved by the Department of Human Services, or by responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include:
(ss) Adopt paragraphs 2-102.11(A) through (O) without changes.
(tt) Amend paragraphs 2-201.12 (A) and (B) to read: The person in charge shall:
(A) Exclude a food employee from a food establishment if the food employee is diagnosed with an illness listed in OAR 333-019-0010.
(B) Restrict a food employee that has a symptom caused by illness, infection, or other source that is:
(i) Associated with an acute gastrointestinal illness such as:
(I) Diarrhea,
(II) Fever,
(III) Vomiting,
(IV) Jaundice, or
(V) Sore throat with fever, or
(ii) A lesion containing pus such as a boil or infected wound that is open or draining and is:
(I) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover,
(II) On exposed portions of the arms, unless the lesion is protected by an impermeable cover, or
(III) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage;
(iii) The food employee is jaundiced.
(uu) Amend paragraphs 2-201.13 (A) and (B) to read: (A) The person in charge may remove an exclusion specified under paragraph 2-201.12(A) if:
(A) The person in charge obtains approval from the local public health authority; and
(B) The person excluded as specified under paragraph 2-201.12(A) provides to the person in charge written documentation that specifies that the excluded person may work in an unrestricted capacity in a food establishment because the person is free of the infectious agent of concern as specified in section 8-501.40.
(C) The person in charge may remove a restriction specified under: Subparagraph 2-201.12(B)(1) if the restricted person is free of the symptoms specified under paragraph 2-201.11(B).
(vv) Amend section 2-201.14 (A) and (B) to read: A food employee shall:
(A) Report to the person in charge if they have been diagnosed with an illness or are experiencing symptoms specified under section 2-201.12; and
(B) Comply with exclusions and restrictions specified under paragraphs 2-201.12.
(ww) Amend section 2-201.15 to read: The person in charge shall notify the regulatory authority that a food employee is diagnosed with an illness listed in OAR 333-019-0010.
(xx) Amend paragraph 2-301.12(A) to read: Except as specified in paragraph (B) of this section and section 2-301.13, food employees shall clean their hands in a lavatory that is equipped as specified under section 5-202.12 by using a cleaning procedure of approximately 20 seconds that includes:
(A) Vigorous friction on the surfaces of the lathered fingers, finger tips, areas between the fingers, hands and arms for at least 10 to 15 seconds, followed by;
(B) Thorough rinsing under clean, running water.
(yy) Amend section 2-301.13 to read:
(A) After defecating, contacting body fluids and discharges, or handling waste containing fecal matter, body fluids, or body discharges, and before beginning or returning to work, food employees shall wash their hands twice using the cleaning procedure specified in section 2-301.12.
(B) Except when one handwashing lavatory is allowed under paragraph 5-203.11(A), after using the toilet facility food employees shall wash their hands twice, first at a handwashing lavatory in the toilet facility and again at a handwashing lavatory in the food preparation area.
(zz) Amend section 2-301.16 to read:
(A) A hand sanitizer and a chemical hand sanitizing solution used as a hand dip shall be used according to labeled directions and be applied to hands that are cleaned as specified under section 2-301.12.
(B) A chemical hand sanitizing solution used as a hand dip shall be maintained clean and at a strength equivalent to at least 100 mg/L chlorine.
(aaa) Amend paragraph 2-402.11(A) to read: Employees shall use effective hair restraints to prevent the contamination of food or food-contact surfaces.
(bbb) Amend paragraph 3-201.11(B) to read: Except as specified in paragraphs (I) and (J) of this section, food prepared in a private home may not be used or offered for human consumption in a food establishment.
(ccc) Add paragraph 3-201.11(G) to read: Game meat which 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.
(ddd) Add paragraph 3-201.11(H) to read: Except as required in 3-201.11(A) through (G) of this section and in accordance with ORS 624.035, any person, business or volunteer group may donate food to a benevolent organization that meets the requirements in ORS 624.015. The Internal Revenue Service (IRS) will issue a "letter of determination" that should be used as the basis for assessing compliance with benevolent status of ORS 624.015. The person, business or volunteer group making the donation shall inspect the food to ensure its fitness for human consumption and discard all food that is unwholesome. The following donated food items are approved for use by benevolent organizations:
(A) Commercially prepared foods, canned goods, and milk products, marine and freshwater fishery products or meat animals; i.e., cattle, sheep, goats, equine, swine, poultry or rabbits obtained from facilities licensed by the Oregon Department of Agriculture or the Department of Human Services according to ORS Chapters 603, 616, 621, 622, 624, 625 and 635;
(B) Home baked bread, rolls, pies, cakes, doughnuts or pastries not having perishable fillings, icings, toppings or glazes;
(C) Fresh fruit and produce from private gardens or commercial growers;
(D) Salvageable food which has lost the label or which has been subjected to possible damage due to accident, fire, flood, adverse weather or similar cause. Reconditioning of salvageable food shall be conducted according to the 1984 Model Food Salvage Code recommended by the Association of Food and Drug Officials and U.S. Department of Health and Human Services;
(E) Other food as may be approved by the Department of Human Services upon prior notification by the donator or benevolent organization;
(F) Unless alternative language has been approved by the regulatory authority, a notice shall be posted in public view that says: "NOTICE: Food served at this location may not have been inspected by the health department."
(eee) Add paragraph 3-201.11(I) to read: Privately donated breads, rolls, pies, cakes, doughnuts or other pastries not having perishable fillings, icings, toppings or glazes may be used in temporary food establishments operated by benevolent organizations for fund-raising events, provided they meet the requirements under 3-201.11(H)(6).
(fff) Add paragraph 3-201.11(J) to read: Food prepared in a private home that is licensed as a home processor by the Oregon Department of Agriculture.
(ggg) Add paragraph 3-201.11(K) to read: (K) A Benevolent Meal Site may serve food prepared by volunteers in an unlicensed kitchen under the following conditions:
(A)(i) Volunteers must obtain a food handler certificate as required in OAR 333-175. If the food is prepared by a group of people at the same location, only the person supervising the food preparation will be required to obtain a certificate. The person supervising the food preparation shall be at the preparation site at all times;
(ii) Volunteers that provide only non-potentially hazardous baked goods as allowed under paragraph (I) of this section or whole, uncut fresh fruits and vegetables are exempt from the food handler certification requirement.
(B)(i) The organization sponsoring the Benevolent Meal Site must obtain a signed statement from the volunteers that they have reviewed and will follow the requirements of this section. The signed statement must include the volunteer’s name, contact information and the kinds of food donated;
(ii) The signed statement shall be maintained at the Benevolent Meal Site and be available for review.
(C) Food Preparation and Service:
(i) The following foods may not be provided: home-canned or home processed foods, wild mushrooms, wild game, shellfish, sport-caught fish, raw milk, raw animal foods, eggs from non-commercial sources, unpasteurized juices, and water and ice from unapproved water systems;
(ii) Except whole, uncut fresh fruit and vegetables and non-potentially hazardous baked goods as described under paragraph (I) of this section, leftover food prepared by volunteers must be returned to the volunteer or discarded.
(iii) Food obtained from licensed establishments may be donated to other facilities if the food is held under proper temperature control and protected from contamination during serving;
(iv) At least one portable handwashing facility as described in Section 5-203.11(C) shall be provided at the service location;
(v) Self-service of food is limited to prepackaged items and condiments dispensed in a sanitary manner;
(vi) A statement must be posted at the meal site in public view that states: “Notice: Food served at this location may not have been inspected by the health department.”
(vii) Food must be stored, prepared, handled, transported and served in a manner that is consistent with the food safety requirements in these rules.
(hhh) Add subparagraph 3-201.17(A)(5) to read: Except as specified in (A)(1) through (4) of this section,
(A) Game meat donated to a charitable organization shall be inspected by employees of the Oregon Department of Agriculture, Department of Fish and Wildlife, or State Police as provided for in ORS 619.095 may be served for human consumption by that charitable organization.
(B) As used in subparagraph (a) of this section:
(i) Charitable organization means the Children, Adults and Families Division of the Department of Human Services, Youth Authority, Department of Corrections institutions, low-income nutritional centers, public school nutritional centers, senior nutritional centers, state hospitals and other charitable organizations or public institutions approved by the Department of Fish and Wildlife.
(ii) Game meat includes antelope, bighorn sheep, deer, elk, moose and mountain goat.
(iii) Add section 3-201.18 to read: Outdoor Barbecuing.*
(C) Outdoor barbecuing by a food establishment shall be allowed as a part of the operation when conducted on the premise or in the immediate vicinity of the food establishment.
(D) Enclosure of an outdoor barbecue shall not be required unless necessary to protect food from contamination.
(E) If a handwashing sink is not adjacent to the outdoor barbeque, a handwashing system that meets the requirements of section 5-203.11(C)(1)-(6) must be provided next to the outdoor barbecue.
(jjj) Amend section 3-301.11 to read:
(A) Food employees shall wash their hands as specified under sections 2-301.12 and 2-301.13.
(B) Food employees shall minimize bare hand contact with food and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.
(kkk) Amend paragraph 3-302.11(A) to read: Food shall be protected from cross contamination by:
(A) Separating raw animal foods during storage, preparation, holding, and display from:
(i) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as vegetables,
(ii) Cooked ready-to-eat food, and
(iii) Raw ready-to-eat food shall be stored separately from ready-to-eat food;
(B) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:
(i) Using separate equipment for each type, or
(ii) Arranging each type of food in equipment so that cross contamination of one type with another is prevented, and
(iii) Preparing each type of food at different times or in separate areas,
(iv) If stored vertically, raw animal foods must be stored in ascending order of cooking temperature as specified in section 3-401.11, with the highest required cooking temperature stored at the lowest level;
(lll) Amend paragraph 3-304.12(F) to read: In a container of water if the container is cleaned at a frequency specified under subparagraph 4-602.11(D)(7); and
(A) The water is maintained at a temperature of 60 degrees C (140 degrees F) or above; or
(B) At 5 degrees C (41 degrees F) or less.
(mmm) Add paragraph 3-304.15(E) to read: Effective March 1, 2003, the use of latex gloves in food service establishments is prohibited.
(nnn) Add section 3-306.15 to read: Outdoor Barbecue, Serving Consumers.
(A) Consumers may not serve themselves from an outdoor barbecue.
(B) The food employee may serve:
(i) An employee who brings a container or plate from the food establishment to the barbecue and who returns the food to the food establishment for further processing or service; or
(ii) The consumer directly.
(C) Except for non-potentially hazardous condiments, such as hot sauces, ketchup, mayonnaise, mustard, pepper, relish, salt, and sugar, no other food may be served outside of the food establishment.
(ooo) Add section 3-307.12 to read: Protection from Contamination, Use of Private Vehicles for Food Deliveries.
(A) Private vehicles may be used for food deliveries if the food is packaged so that it is protected from contamination under Part 3-3, and adequate means are provided for maintaining proper food temperatures under section 3-501.16.
(B) Private vehicles shall not be used in any activity that is incompatible with safe and sanitary transportation of food.
(ppp) Amend subparagraph 3-401.11(D)(2) to read: The consumer requests that the food be prepared in a raw, rare, or undercooked state.
(qqq) Amend paragraph 3-402.11(B) to read: If the fish are tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern), or are listed in the FDA Fish and Fisheries Products Hazards and Control Guidance, Potential Species-Related & Process Related Hazards and parasites are not a hazard, the fish may be served or sold in a raw, raw-marinated, or partially cooked ready-to-eat form without freezing as specified under paragraph (A) of this section.
(rrr) Amend section 3-402.12 to read: (A) Except as specified in paragraphs 3-402.11(B) and (B) of this section, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall identify each batch by name and date, measure the freezing temperature once per day, and record the temperature and time to which the fish are subjected and shall retain the records at the food establishment in chronological order for 90 calendar days beyond the time of service or sale of the fish.
(B) If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under section 3-402.11 may substitute for the records specified under paragraph (A) of this section.
(i) Each invoice received from the supplier shall state the specific fish by species that have been frozen to meet the requirements for parasite destruction specified under section 3-402.11.
(ii) The written agreement or statement from the supplier must be updated at least once per year.
(sss) Amend paragraph 3-501.14(A) to read: Cooked potentially hazardous food shall be actively cooled:
(A) Within 2 hours, from 60 degrees C (140 degrees F) to 21 degrees C (70 degrees F); and
(B) Within 4 hours, from 21 degrees C (70 degrees F) to 5 degrees C (41 degrees F) or less, or to 7 degrees C (45 degrees F) as specified under paragraph 3-501.16(C).
(ttt) Amend subparagraph 3-501.16(C)(2) to read: No later than January 1, 2007, the equipment is upgraded or replaced to maintain food at a temperature of 5 degrees C (41 degrees F) or less.
(uuu) Add subparagraph 3-501.16(C)(3) to read: (3) Mobile food units must upgrade or replace equipment to maintain food at a temperature of 5 degrees C (41 degrees F) or less no later than January 1, 2008.
(vvv) Amend subparagraph 3-501.17(A) to read: (A) Except as specified in paragraph (E) of this section, refrigerated, ready-to-eat, potentially hazardous food prepared and held refrigerated for more than 24 hours in a food establishment shall be clearly marked at the time of preparation with the preparation date or the date by which the food shall be consumed which is, including the day of preparation:
(A) 7 calendar days or less from the day that the food is prepared, if the food is maintained at 5 degrees C (41 degrees F) or less; or
(B) 4 calendar days or less from the day the food is prepared, if the food is maintained at 7 degrees C (45 degrees F) or less as specified under paragraph 3-501.16(C).
(www) Amend paragraph 3-501.17(F) to read: Paragraphs (C) and (D) of this section do not apply to:
(A) Whole, unsliced portions of a cured and processed product with original casing maintained on the remaining portion, such as bologna, salami, or other sausage in a cellulose casing;
(B) Hard cheeses that are manufactured with a moisture content not exceeding 39 percent as specified under 21 CFR 133.150 and meets the temperature requirements specified under paragraph 3-501.16(B). Examples include Asiago medium, Asiago old, Cheddar, Gruyere, Parmesan, Reggiano, Romano, and Sap sago.
(C) Semisoft cheeses containing more than 39 percent but less than 50 percent moisture as specified in 21 CFR 133.187 and meets the temperature requirements specified under paragraph 3-501.16(B). Examples include Asiago fresh and Soft, Blue, Brick, Caciocavallo Siciliano, Colby with not more than 40 percent moisture, Edam, Gorgonzola, Gouda, Limburger, Monterey, Monterey Jack, Muenster, Pasteurized process cheese, Provolone, Swiss and Emmentaler.
(D) Pasteurized process cheese manufactured according to 21 CFR 133.169, labeled as containing an acidifying agent and meets the temperature requirements specified under paragraph 3-501.16(B).
(E) Cheeses that are not exempt for date marking include soft cheeses. Examples include Brie, Camembert, Cottage, Ricotta, and Teleme.
(xxx) Add section 3-502.11 to read: A food establishment shall obtain a variance from the regulatory authority as specified in section 8-103.10 and under section 8-103.11 before smoking food as a method of food preservation rather than as a method of flavor enhancement; curing food; using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement or to render a food so that it is not potentially hazardous; packaging food using a reduced oxygen packaging method except if required under section 3-502.12; custom processing animals that are for personal use as food and not for sale or service in a food establishment; or preparing food by another method that is determined by the regulatory authority to require a variance.
(yyy) Amend section 3-502.12 to read: (A) A food establishment that packages food using a reduced oxygen packaging method and Clostridium botulinum is identified as a microbiological hazard in the final packaged form shall have a HACCP plan that contains the information specified under paragraph 8-201.14(D) and that:
(A) Limits the food packaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(i) Has a water activity of 0.91 or less,
(ii) Has a pH of 4.6 or less,
(iii) Is a meat or poultry product cured at a food processing plant regulated by the U.S.D.A. using substances specified in 9 CFR 318.7 Approval of substances for use in the preparation of products and 9 CFR 381.147 Restrictions on the use of substances in poultry products and is received in an intact package, or
(iv) Is a food with a high level of competing organisms such as raw meat or raw poultry;
(v) Is a food that has been subjected to a process or control that can be supported by scientific data and is approved the Department of Human Services.
(B) Specifies methods for maintaining food at 5 degrees C (41 degrees F) or below;
(C) Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:
(i) Maintain the food at 5 degrees C (41 degrees F) or below, and
(ii) Discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;
(D) Limits the shelf life to no more than 14 calendar days from packaging to consumption or the original manufacturer's "sell by" or "use by" date, whichever occurs first;
(i) Except for fish that is frozen before, during, and after packaging, a food establishment may not package fish using a reduced oxygen packaging method.
(ii) The Department of Human Services may require the permit holder to obtain a variance as specified in section 8-103.10 and under section 8-103.11 to produce products with reduced oxygen packaging.
(zzz) Amend section 3-603.11 to read: Except as specified in paragraphs 3-401.11(C) and 3-801.11(D), the food establishment may offer or a consumer may request an animal food such as beef, eggs, fish, lamb or shellfish to be served in a ready-to-eat form that is raw, undercooked, or not otherwise processed to eliminate pathogens; or as a raw ingredient in another ready-to-eat food.
(aaaa) Amend paragraph 4-101.19(A) to read: (A) Except as specified in paragraphs (B), (C), (D) and (E) of this section, wood and wood wicker may not be used as a food-contact surface.
(bbbb) Add paragraph 4-101.19(E) to read: Untreated wood planks, such as cedar, may be used as a cooking surface for grilling or baking.
(cccc) Amend paragraph 4-301.12 (A) to read: Except as specified in paragraphs (C) and (F) of this section, a sink with at least three compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils.
(dddd) Add paragraphs 4-301.12 (F) and (G) to read: (F) A commercial warewashing machine is allowed in lieu of a manual warewashing sink as required in this section.
(A) For mobile food units:
(i) Class I, II and III mobile food units are not required to provide warewashing facilities on the unit, if adequate facilities exist at the commissary.
(ii) Multiple or disposable utensils may be used for food handling on the unit. There shall be at the beginning of each day's business a sufficient supply of clean utensils necessary to properly prepare, assemble, or dispense the food. For mobile food units that do not have a warewashing sink on the unit, this supply shall consist of at least one of each type of utensil for every two hours of operation. If the unit operates less than four hours in a day, the unit shall provide a minimum of two sets of each type of utensil. Utensils shall not be used if they become contaminated.
(iii) Class IV mobile food units must provide a sink with at least three compartments.
(eeee) Amend section 4-302.12 to read: Food temperature measuring devices shall be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures as specified under Chapter 3. At a minimum, a metal-stemmed temperature measuring device with a range of 0-220 degrees F shall be provided to take internal food temperatures.
(ffff) Amend paragraph 4-501.16(B) to read:
(A) If a warewashing sink is used to launder wiping cloths, wash produce, or thaw food, the sink shall be cleaned as specified under section 4-501.14.
(i) If wiping cloths are washed at the warewashing sink, they shall be washed in the wash compartment, and
(ii) Sinks used to wash or thaw food shall be washed, rinsed, and sanitized both before and after use.
(gggg) Amend subparagraph 4-602.11(D)(7) to read: The utensils and container are cleaned at least every 24 hours or at a frequency necessary to preclude accumulation of soil residues and in-use utensils are intermittently stored in a container of water in which the water is maintained at:
(A) 60 degrees C (140 degrees F) or more, or
(B) 5 degrees C (41 degrees F) or less.
(hhhh) Amend section 5-102.11 to read:
(i) Except as specified under section 5-102.12, water from a public water system shall meet 40 CFR 141-National Primary Drinking Water Regulations and OAR 333-061.
(ii) The following drinking water standards apply to licensed food establishments that are not regulated under OAR 333-061,
(5) Sampling frequency:
(a) For seasonal facilities, a coliform sample must be taken prior to operational period and each quarterly sampling period while open to public. A minimum of two samples will be required for coliform, regardless of length of operation.
(b) For year round facilities:
(A) Coliform: Monthly for surface water. Quarterly for populations under 1000 on ground water.
(B) Inorganic Samples: One time sampling required for new facilities before beginning operation.
(6) Maximum Contaminant Level (MCL) Violations: An item is not considered a violation until confirmed by second sample taken within 24 hours. Four repeat samples must be taken within 24 hours of the original positive sample for a sample result above the MCL.
(a) Total coliform: Report positive total coliform samples to the Department within 24 hours of being notified of the positive sample.
(b) Fecal coliform: Any positive fecal coliform sample must be reported to the Department within 24 hours.
(A) Public notification for this potential acute health risk is required.
(B) An alternative procedure approved by the Department must be in place before serving public.
(c) Inorganic Samples: One time sampling required for new facilities. Not required for facilities that were previously regulated under OAR 333-061 and have tested prior to January 1, 2003. Inorganics include: antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium and thallium.
(d) Nitrate: Sample annually
(A) Any samples exceeding the MCL for nitrate shall be reported to the Department within at least 24 hours.
(B) Public notification is required.
(C) Bottled water must be provided to public upon request.
(e) The Department may require more frequent monitoring than specified or may require confirmation samples for positive and negative results. It is the responsibility of the operator to correct any problems and get a laboratory test result that is less than the MCL.
(7) Sample collection methods:
(a) For the purpose of determining compliance with the MCL and the sampling requirements of these rules, sampling results may be considered only if they have been analyzed by a laboratory certified by the State Drinking Water Program.
(b) Samples submitted to laboratories for analysis shall be clearly identified with the name of the water system, facility license number, sampling date, time, sample location identifying the sample tap, the name of the person collecting the sample and whether it is a routine or a repeat sample.
(A) Routine: These are samples collected from established sampling locations within a water system at specified frequencies to satisfy monitoring requirements as prescribed in this rule. These samples are also used to calculate compliance with maximum contaminant levels for inorganics prescribed in OAR 333-061-0030(Table 1);
(B) Repeat: These are samples collected as a follow-up to a routine sample that has exceeded a MCL;
(C) Test results: Sample results must be submitted to the Local Regulatory Authority by the 10th of the month following the sampling period.
(c) The Department may take additional samples to determine compliance with applicable requirements of these rules.
(8) Public Notice: All public notification must be posted conspicuously on site and must include:
(a) A description of the violation or situation of concern;
(b) Corrective actions taken to improve water quality;
(c) Any potential adverse health effects;
(d) The population at risk;
(e) The alternative measures in place to provide safe drinking water.
(9) Surface Water Sources: New facilities with surface water sources not regulated under OAR 333-061 will not be licensable after January 1, 2005. Facilities existing prior to January 1, 2005 in compliance with OAR 333-061-0032 may continue to operate.
(10) Plan Review: All new facilities that are not regulated by OAR 333-061 must submit plans to the Department for review prior to construction or major modification of system. Systems regulated prior to January 1, 2003 by OAR 333-061 are not required to re-submit plans. Plan review must be conducted in accordance with the procedures outlined in OAR 333-061-0060.
(a) Amend paragraph 5-103.11(B) to read: Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the food establishment. Hot and cold or tempered water must be provided at all handwashing sinks in the establishment.
(b) Amend section 5-104.12 to read:
(A) Water meeting the requirements specified under Subparts 5-101, 5-102, and 5-103 shall be made available for a mobile facility, for a temporary food establishment without a permanent water supply, and for a food establishment with a temporary interruption of its water supply through:
(i) A supply of containers of commercially bottled drinking water;
(ii) One or more closed portable water containers;
(iii) An enclosed vehicular water tank;
(vi) An on-premises water storage tank; or
(v) Piping, tubing, or hoses connected to an adjacent approved source.
(B) The regulatory authority may grant a temporary variance from requirements of Subparts 5-101, 5-102, and 5-103 by continuing or re-issuing previously issued permits where:
(i) Failure to comply with the code requirements is due to a failure of a community, municipal or public utility water supply system to meet the regulatory authority's requirements;
(ii) The regulatory authority is satisfied that necessary remedial action is ongoing or reasonably imminent in connection with such water supply system; and
(iii) Continuance or re-issuance of the permit is conditional upon the carrying out of such remedial action and the provision of such other measures by the certificate or license holder which will in the judgment of the regulatory authority afford reasonable interim protection to the public health including, but not limited to, adequate warnings to public and personnel as to the safety of the water delivered to the premises from the distribution system and notice of measures to avoid use or consumption of such water or to render it safe for consumption; adequate warnings as to the need for supervision of children and others needing supervision against use of such water; provision of alternative potable water and adequate notification as to its availability; and measures to avoid the use and the availability of water on the premises.
(c) Amend paragraph 5-203.11(A) to read: Except as specified in (B) and (C) of this section, at least one handwashing lavatory or the number of handwashing lavatories necessary for their convenient use by employees in areas specified under section 5-
204.11 shall be provided. Food establishments opened prior to July 1, 1965 are exempt from this requirement provided that employees can meet the requirements under sections 2-301.12 and 2-301.13.
(d) Amend paragraph 5-203.11(C) to read: An adequate number of handwashing stations shall be provided for each temporary food establishment to include:
(A) A minimum of one enclosed container that has a minimum water capacity of five gallons;
(B) A spigot that can be opened to provide a constant flow of water;
(C) Soap;
(D) Water;
(E) Paper towels; and
(F) A collection container for wastewater with a minimum capacity of five gallons.
(e) Add paragraph 5-203.11(D) and (E) to read: (D) For mobile food units:
(A) Class II, III and IV mobile food units must provide hot and cold running water for handwashing tempered by means of a mixing valve;
(B) Notwithstanding subparagraph (1) of this paragraph, Class II and III mobile food units may provide a handwashing system as described in paragraph (C)(1)-(6) of this section. There must be a minimum initial volume of five gallons of water available for handwashing at the beginning of the workday.
(E) For outdoor barbecues, if a handwashing sink is not adjacent to the barbecue, a handwashing system that meets the requirements of (C)(1)–(6) of this section must be provided next to the outdoor barbecue.
(f) Amend section 5-203.12 to read:
(A) Except as specified in (B) of this section, toilet facilities shall be installed according to ORS 455.010 through 455.895 (1998 Oregon Structure Specialty Code, 2000 Amendments) for the number of toilets.
(B) Food establishments with occupancy of 15 or less to include both employees and patrons may have only one toilet fixture and adjacent lavatory on the premises.
(C) Mobile food units shall provide toilet facilities as provided for in ¦ 6-402.11.
(g) Amend section 5-203.13 to read:
(A) At least one service sink or one curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste.
(B) For mobile food units, if wet mopping is used as a method for cleaning the floor, then a separate sink must be provided in the unit for cleaning mops and cleaning tools and for the disposal of mop water or similar liquid wastes.
(h) Amend section 5-205.11 to read: Using a Handwashing Facility.
(A) A handwashing facility shall be maintained so that it is accessible at all times for employee use.S
(B) A handwashing facility may not be used for purposes other than handwashing.
(C) An automatic handwashing facility shall be used in accordance with manufacturer’s instructions.
(i) Amend section 5-302.16 to read: A food grade hose shall be used for conveying drinking water from a water tank and shall be:
(j) Adopt paragraphs 5-302.16(A) through (E) as written.
(k) Add section 5-305.11 to read: Water System Requirements
(A) A Class IV mobile food unit must have a potable water system under pressure. The system must be of sufficient capacity to furnish enough hot and cold water for food preparation, warewashing, and handwashing, and the requirements of these rules. This supply must consist of a minimum of five gallons of water for handwashing and 30 gallons of water for warewashing.
(B) Class II and III mobile food units must have a water supply that provides sufficient water for food preparation, handwashing, warewashing or any other requirements as set forth in these rules. If warewashing is conducted on the unit, a minimum of 30 gallons of water must be dedicated for this purpose. A minimum of five gallons of water must be provided for handwashing.
(C) Except relating to handwashing as provided for in subparagragh 5-203.11(D)(2), all mobile food units must be designed with integral potable and waste water tanks on board the unit. A mobile unit may connect to water and sewer if it is available at the operating location, however, the tanks must remain on the unit at all times.
(l) Amend paragraph 5-401.11(A) to read: Sized 10 to 15 percent larger in capacity than the water supply tank; and
(m) Add paragraph 5-401.11(C) to read: For a mobile food unit selling only beverages, such as coffee, espresso, or soda, and where most of the potable water supply is used in the product, the waste water retention tank may be at least one half the volume of the potable water storage tank. This determination must be made by the regulatory authority.
(n) Amend section 5-402.13 to read: (A) Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to law.
(B) For mobile food units:
(i) Mobile food units that generate only gray water liquid wastes may hand-carry those wastes to a specific disposal location approved by the regulatory authority.
(ii) The waste transport container must be designed and intended to hold and transport gray water without leaks or spills. The container must have a capacity no greater than 20 gallons.
(o) Amend section 6-202.19 to read: Exterior walking and driving surfaces shall be graded to drain if required by law and shall be maintained to prevent the accumulation of water.
(p) Amend section 6-202.110 to read: Outdoor Refuse Areas, Drainage. Outdoor refuse areas shall be constructed in accordance with law and shall be designed and maintained to prevent the accumulation of liquid waste that results from the refuse and from cleaning the area and waste receptacles.
(q) Amend section 6-301.11 to read: Handwashing Cleanser, Availability. Each handwashing lavatory or group of two adjacent lavatories shall be provided with a supply of hand cleaning liquid, powder, or bar soap.
(r) Amend section 6-301.12 to read: Hand Drying Provision. Each handwashing lavatory or group of adjacent lavatories shall be provided with:
(A) Individual, disposable towels;
(B) A continuous towel system that supplies the user with a clean towel; or
(C) A heated-air hand drying device.
(s) Amend section 6-402.11 to read:
(A) Except for paragraphs (B), (C) (D) and (E) of this section, toilet rooms shall be conveniently located and accessible to employees during all hours of operation and shall be an integral part of the building.
(B) A food service establishment may be approved without an integral toilet room under the following conditions:
(i) An integral toilet room is not required by law; and
(ii) A toilet room is located within 500 feet of the food establishment; and
(iii) A written agreement is in place that allows the use of the toilet room; or
(iv) The food service establishment is located in an outdoor mall or shopping center.
(C) Toilet facilities for the customer are required only in establishments constructed or extensively remodeled after May 11, 1974,
(D) Food establishments limited to drive-in or handout service are not required to provide toilet rooms facilities for the customer.
(E) For mobile food units:
(i) On board toilet facilities are not applicable to most mobile food units. If the unit is not so equipped, then the mobile food unit must operate within one-quarter mile or a five-minute walk of an accessible restroom facility. Mobile food units that operate on a designated route, and which do not stop at a fixed location for more than two hours during the workday, shall be exempt from this rule.
(ii) Mobile food units that do not provide on board restroom facilities under subparagraph (1) of this rule must have restroom facilities that will be accessible to employees during all hours of operation. The restroom facilities must have a handwashing system that provides potable hot and cold running water and meets the requirements of OAR 333-150-0000 sections 6-301.11, 6-301.12, 6-301.20 and 6-302.11. Employees may use a restroom located in a private home or a portable toilet to satisfy this requirement.
(t) Add paragraph 8-101.10(C) to read: Plans submitted shall be reviewed and commented on by a sanitarian registered in accordance with ORS 700.
(u) Amend section 8-103.10 to read:
(A) The Department may grant a variance from requirements of this Code as follows:
(i) Where it is demonstrated to the satisfaction of the Department that strict compliance with the rule would be highly burdensome or impractical due to special condition or cause;
(ii) Where the public or private interest in the granting of the variance is found by the Department to clearly outweigh the interest of the application of uniform rules; and
(iii) Where such alternative measures are provided which in the opinion of the Department will provide adequate public health and safety protection.
(B) Such variance authority is not conferred upon any Local Public Health Authority notwithstanding contractual authority in administration and enforcement of the food service statutes and rules;
(C) The applicant must include all necessary information to support the variance request, which may include, but is not limited to, required testing, challenge data and research results;
(D) If a variance is granted, the regulatory authority shall retain the information specified under section 8-103.11 in its records for the food establishment;
(E) The Department will review variances at least triennially;
(F) Revocation or denial of the variance request shall be subject to the appeal process provided under ORS 183.
(v) Amend subparagraph 8-201.13(A)(2) to read: A variance is required as specified under section 3-502.11, paragraph 4-204.110(B), or subparagraph 3-203.12(B)(2)(b); or
(w) Amend paragraph 8-302.14(A) to read: The name, mailing address, telephone, number, and signature of the person applying for the permit and the name, mailing address, and location of the food establishment;
(x) Amend paragraph 8-303.30(C) to read: Advisement of the applicant's right of appeal and the process and time frames for appeal that are provided under ORS 183.
(y) Amend subparagraph 8-304.11(G)(2) to read: The regulatory authority directs the replacement to meet current code requirements after the food establishment has been closed for a minimum of 12 consecutive months, or
(z) Amend paragraph 8-304.11(H) to read: Upgrade or replace refrigeration equipment if the circumstances under subparagraphs (G)(1)-(3) of this section occurs first, or by no later than the time specified under paragraph 3-501.16(C);
(aa) Amend paragraph 8-304.11(J) to read: Accept notices issued and served by the regulatory authority as may be authorized under ORS 183 and 624; and
(bb) Amend paragraph 8-304.11(K) to read: Be subject to the administrative, civil, injunctive, and criminal remedies as may be authorized under ORS 183 and 624.
(cc) Amend paragraph 8-401.10(C) to read: For temporary food establishments:
(A) Except for subparagraph (C)(2) of this section, the regulatory authority shall inspect at least once during the operation of a temporary food establishment.
(B) For benevolent temporary food establishments, the regulatory authority shall either:
(i) Inspect; or
(ii) Provide a consultation.
(dd) Amend paragraph 8-403.10(A) to read: (A) Administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation as specified under 8-302.14(C), inspection date, and employee food safety cards; and
(ee) Amend section 8-403.20 to read: The regulatory authority shall specify on the inspection report form the time frame for correction of the violations as specified under sections 8-404.11, and 8-405.11.
(ff) Amend paragraph 8-405.11(B) to read: Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to or specify a longer time frame, not to exceed 14 calendar days after the inspection, for the permit holder to correct critical Code violations or HACCP plan deviations.
(gg) Amend paragraph 8-501.20(C) to read: (C) Closing the food establishment by summarily suspending a permit to operate as may be provided under ORS 624.
(hh) Amend paragraph 8-501.30(C) to read: (C) States that the suspected food employee or the permit holder may request an appeal hearing by submitting a timely request as provided under ORS 183.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.:
ORS 624.100, 624.390
Stats. Implemented:
ORS 624.100, 624.390
Hist.: HD
20-1986, f. 12-22-86, ef. 2-2-87; HD 6-1989, f. 9-6-89, cert. ef. 9-7-89; HD 10-1992,
f. 10-2-92, cert. ef. 10-5-92; HD 19-1994, f. & cert. ef. 7-1-94; HD 16-1995,
f. 12-28-95, cert. ef. 1-1-96; OHD 24-2001, f. 10-31-01, cert. ef. 1-1-02; OHD 11-2002,
f. & cert. ef. 8-7-02; PH 5-2004(Temp), f. & cert. ef. 2-13-04 thru 7-30-04;
PH 15-2004, f. & cert. ef. 4-9-04; PH 1-2005, f. & cert. ef. 1-14-05; PH
14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 3-2008, f. & cert. ef. 3-5-08
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