71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2256
 
LC 1040/HB 2256-8
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2256
 
           By COMMITTEE ON HEALTH AND PUBLIC ADVOCACY
 
                            April 12
 
  On page 1 of the printed bill, line 2, after '624.020, ' insert
'624.130,'.
  In line 3, after '624.510,' insert '624.570,' and delete '
624.130 and'.
  On page 3, after line 25, insert:
  '  { +  SECTION 4a. + } ORS 624.130 is amended to read:
  ' 624.130. (1) 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
 { - or October 4, 1977 - } , be trained to administer emergency
first aid to relieve any person choking on food particles
pursuant to a training program approved by the county health
officer or as described in Red Cross Manual 32-1138 as the
'abdominal thrust ' procedures.
  ' (2) The county board of health shall provide or cause to be
provided the necessary training program at reasonable intervals,
as determined by the county board. { +  The county board must
provide for the training requirement of this section to be met by
inclusion of the necessary training in a food handler training
program under ORS 624.570 or by the placement of posters in the
workplace. + }
  ' (3)   { - For such training - }  The county board of health
may charge reasonable fees to cover actual expenses of providing
 { + the + } training and issuing verification of training.
  ' (4) The county board of health may waive in writing the
training requirements of this section in cases of undue hardship,
or where the county board determines that the employee's
assignment renders such training impracticable or unnecessary.
  ' (5)   { - No - }  Civil or criminal liability to the
restaurant or its employees   { - shall - }  { +  may not + }
result from good faith application by a trained person of the
first aid described under subsection (1) of this section.'.
  On page 6, after line 29, insert:
  '  { +  SECTION 8a. + } ORS 624.570 is amended to read:
  ' 624.570. (1) { + (a) + } Except as provided in subsection (7)
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 thereafter maintain a valid completion certificate at all
times during the employment.
  '  { +  (b) A food handler training program offered by a county
or the Health Division, or offered by a private training entity
and approved by a county or the division, is valid in any county
of the state for the purpose of obtaining the certificate of
completion under subsection (2) of this section. + }
  ' (2) If a person successfully completes the food handler
training program required in subsection (1) of this section and
pays the appropriate fee, the county or the   { - Health - }
division shall issue a certificate of completion. { +  A
certificate of completion issued by a county or the division is
valid in any county of the state. + } A food handler certificate
of completion
  { - shall expire - }  { +  expires + } three years after the
date of issuance.
  ' (3) All delegate counties, as described in ORS 624.510, shall
establish and maintain food handler training programs. The
division shall establish and maintain food handler training
programs in counties without authority delegated under ORS
624.510.
  ' (4) A person holding a food handler certification issued
under a county ordinance containing requirements at least equal
to the requirements established by the division, as determined by
the division,   { - shall be considered to be - }  { +  is + } in
compliance with the requirements of subsection (1) of this
section.
  ' (5) The division shall establish by rule all provisions
necessary to administer and enforce the provisions of this
section, including but not limited to:
  ' (a) Minimum standards for program content and delivery; and
  ' (b) The establishment of minimum requirements for successful
completion of the training.
  ' (6) The division shall and a delegate county may charge a
program fee to program participants. The fee   { - shall - }
 { +  may + } not exceed $10. A fee not exceeding $5 may be
charged for duplicate certificates of completion.
  ' (7) Persons involved in the preparation or service of food in
a temporary restaurant are not required to complete a food
handler training program, but the temporary restaurant shall have
at least one person who has completed the food handler training
program on the premises at all times.'.
  After line 43, insert:
  ' (4) A county board of commissioners delegated civil penalty
authority under ORS 624.510 shall implement that authority in
accordance with protocols and limits established by the Health
Division by rule. The board's civil penalty authority shall apply
only to imminent and present dangers to public health and to
operation without a license.'.
  In line 44, delete '624.130 and' and delete 'are' and insert
'is'.
  On page 7, line 5, after '624.020,' insert '624.130,' and after
'624.510,' insert '624.570,'.
  In line 6, delete '624.130 and'.
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