Chapter 309 Oregon Laws 2003

AN ACT

HB 3156

Relating to dispensing of food; creating new provisions; amending ORS 431.157, 433.855, 616.077, 624.020, 624.025, 624.045, 624.085, 624.130, 624.430, 624.510, 624.530, 624.550, 624.570, 624.650 and 624.992; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2, 3 and 4 of this 2003 Act are added to and made a part of ORS chapter 624.

SECTION 2. As used in this chapter, “local public health authority” means an entity described in ORS 431.375.

SECTION 3. (1) The Department of Human Services shall adopt rules establishing a foodborne illness prevention program for the purpose of protecting the public health. The program may include, but need not be limited to, provisions for preventing the spread of communicable disease through food dispensing facilities and for effective and rapid response to terrorism events related to food dispensing facilities.

(2) A program established by the department under this section must provide for a local public health authority that enters into an intergovernmental agreement under ORS 624.510 to undertake primary responsibility for the delivery of program services within the jurisdiction of the local authority. A program must also provide for extensive monitoring and review by the department of local public health authority performance of program services under an intergovernmental agreement.

(3) The department shall consult with groups representing local health officials within the state and statewide restaurant associations in the development of rules adopted under this section and prior to preparing an intergovernmental agreement delegating administration and enforcement of all or part of the foodborne illness prevention program to a local public health authority.

SECTION 4. (1) The Department of Human Services may charge the following fees for the issuance or renewal of licenses:

(a) $157.50 for a bed and breakfast facility.

(b) $210 for a limited service restaurant.

(c) For a restaurant in accordance with seating capacity, as follows:

(A) $367.50 for 0 to 15 seats;

(B) $414.75 for 16 to 50 seats;

(C) $472.50 for 51 to 150 seats; and

(D) $525 for more than 150 seats.

(d) For a temporary restaurant, except as provided in ORS 624.025 and 624.028:

(A) $36.75 for an event lasting one day; and

(B) $52.50 for an event lasting two days or longer.

(e) $262.50 for a commissary.

(f) $105 for each warehouse.

(g) $131.50 for each mobile unit.

(h) For vending machines in accordance with the number of machines covered by the license as follows:

(A) $26.25 for 1 to 10 machines;

(B) $52.50 for 11 to 20 machines;

(C) $78.75 for 21 to 30 machines;

(D) $105 for 31 to 40 machines;

(E) $131.25 for 41 to 50 machines;

(F) $157.50 for 51 to 75 machines;

(G) $210 for 76 to 100 machines;

(H) $367.50 for 101 to 250 machines;

(I) $577.50 for 251 to 500 machines;

(J) $787.50 for 501 to 750 machines;

(K) $966 for 751 to 1,000 machines;

(L) $1,260 for 1,001 to 1,500 machines; and

(M) $1,575 for more than 1,500 machines.

(2) To reinstate a license other than a temporary restaurant license after the expiration date, the operator must pay a reinstatement fee of $100 in addition to the license fee required under subsection (1) of this section. If the operator reinstates the license more than 30 days after the expiration date, the reinstatement fee shall increase by $100 on the 31st day following the expiration date and on that day of the month in each succeeding month until the license is reinstated.

(3) The department or a local public health authority may exempt or reduce the license fee for restaurants operated by benevolent organizations, as defined in ORS 624.015, that provide food or beverages primarily to children, the elderly, the indigent or other needy populations if the persons receiving the food or beverages are not required to pay the full cost of the food or beverages.

SECTION 5. ORS 431.157 is amended to read:

431.157. Pursuant to ORS 448.100 (1)[,] and 446.425 (1) [and 624.510 (1)], the county is delegated the authority granted to the Director of Human Services in ORS 431.155.

SECTION 6. ORS 433.855 is amended to read:

433.855. (1) The Department of Human Services, in accordance with the provisions of ORS 183.310 to 183.550:

(a) Shall adopt rules necessary to implement the provisions of ORS 433.835 to 433.875 and 433.990 (4);

(b) Shall be responsible for compliance with such rules; and

(c) May impose a civil penalty not to exceed the amount specified in ORS 433.990 (4) for each violation of a rule of the department applicable to ORS 433.850, to be collected in the manner provided in ORS 441.705 to 441.745. All penalties recovered shall be paid into the State Treasury and credited to the General Fund.

(2) In carrying out its duties under this section, the Department of Human Services is not authorized to require any changes in ventilation or barriers in any public place. However, nothing in this subsection is intended to limit the authority of the department to impose any requirements under any other provision of law.

(3) In public places which the Department of Human Services regularly inspects, the Department of Human Services shall check for compliance with the provisions of ORS 433.835 to 433.875 and 433.990 (4). In other public places, the Department of Human Services shall respond in writing or orally by telephone to complaints, notifying the proprietor or person in charge of responsibilities of the proprietor or person in charge under ORS 433.835 to 433.875 and 433.990 (4). If repeated complaints are received, the Department of Human Services may take appropriate action to insure compliance.

(4) When a county has received delegation of the duties and responsibilities under ORS 446.425[,] and 448.100 [and 624.510], or contracted with the Department of Human Services under ORS 190.110, the county shall be responsible for enforcing the provisions of ORS 433.835 to 433.875 and 433.990 (4) that are applicable to those licensed facilities and shall have the same authority as the Department of Human Services for such enforcement.

SECTION 7. ORS 616.077 is amended to read:

616.077. (1) The Department of Human Services shall adopt any rules necessary to implement the policy established in ORS 616.073. [In developing such rules, the Department of Human Services shall consult with food service advisory committees appointed pursuant to ORS 624.550.]

(2) Rules adopted by the Department of Human Services under subsection (1) of this section to implement the policy of the State of Oregon to prohibit the use of sulfites in fresh foods and foods to be consumed without cooking [shall] do not apply to a food processing establishment licensed under ORS 616.695 to 616.755.

SECTION 8. ORS 624.020 is amended to read:

624.020. (1) A person may not operate a restaurant or bed and breakfast facility without a license to do so from the Department of Human Services.

(2) Application for the license shall be in writing in the form prescribed by the department and shall contain the name and address of the applicant and any other information that the department may require. The fee for a license is as provided in section 4 of this 2003 Act. A license expires annually on December 31.

[(3) To reinstate a license after the December 31 expiration, the applicant must pay a reinstatement fee of $100 in addition to the license fee required under subsection (4) of this section. If the applicant reinstates the license after January 31, the reinstatement fee shall increase by $100 on the first day of each succeeding month until the license is reinstated.]

[(4) An applicant for issuance or reinstatement of a license shall pay a fee to the Department of Human Services as follows:]

[(a) $150 for a bed and breakfast facility;]

[(b) $200 for a limited service restaurant; and]

[(c) For a restaurant in accordance with seating capacity, as follows:]

[(A) $350 for 0-15 seats;]

[(B) $395 for 16-50 seats;]

[(C) $450 for 51-150 seats; and]

[(D) $500 for more than 150 seats.]

[(5) The department may exempt or reduce the license fee for restaurants operated by benevolent organizations, as defined by ORS 624.015, that provide food or beverage primarily to children, the elderly, the indigent or other needy populations if the persons are not required to pay the full cost of the food or beverage. Exemptions or reductions in fees by the department are not binding upon a delegate county that has a current fee ordinance.]

[(6)] (3) The Director of Human Services may suspend, deny or revoke any license for violation of any of the applicable provisions of ORS 624.010 to 624.120 or any rule adopted under ORS 624.010 to 624.120.

[(7)] (4) Procedures for denial, revocation or suspension of a license are as provided in ORS 183.310 to 183.550.

[(8)] (5) The licensee shall post evidence of the license in public view at the customary entrance of the restaurant or bed and breakfast facility. A person other than the director may not deface or remove evidence of a license.

[(9)] (6) A license is not transferable. The department may not issue a refund representing any unused portion of a license.

SECTION 9. ORS 624.025 is amended to read:

624.025. (1) [No] A person [shall] may not operate a temporary restaurant without first procuring a license to do so from the Department of Human Services. The temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee.

(2) Application for a temporary restaurant license shall be in writing in the form prescribed by the department and shall contain the name and address of the applicant, the specific location of the temporary restaurant and any other information the department may require.

(3) All temporary restaurant licenses [issued under this section] shall terminate 30 days after issuance unless within the 30 days the temporary restaurant is discontinued or is moved from the specific location for which the license was issued. If within 30 days after issuance the temporary restaurant is discontinued or moved from the specific location for which the license was issued, the license shall terminate upon the discontinuance or the removal.

(4) Except as provided in ORS 624.028 [or 624.510] and subsection (6) of this section, every applicant for a temporary restaurant license or renewal thereof shall pay to the department [a] the appropriate license fee [of $35 for an event lasting one day and $50 for an event lasting two or more days] under section 4 of this 2003 Act.

(5) The Director of Human Services may suspend, deny or revoke any temporary restaurant license [issued under this section or under ORS 624.028] if it appears, after a reasonable time has been given for correction of a sanitation violation, that the applicant does not meet applicable minimum sanitation standards as outlined in ORS 624.010 to 624.120 or any rule adopted thereunder. Any suspension, denial or revocation action shall be taken in accordance with ORS 183.310 to 183.550.

(6) Notwithstanding any other provision of this section or section 4 of this 2003 Act:

(a) Each temporary restaurant operating on an intermittent basis, in a grouping of six or more, at the same specific location two or more times within a 30-day period shall be issued one license for each 30-day period.

(b) The total annual amount of license fees for temporary restaurants described in paragraph (a) of this subsection [shall] may not exceed the maximum annual license fee for a restaurant that is situated in the county in which the temporary restaurant is situated.

SECTION 10. ORS 624.045 is amended to read:

624.045. The Department of Human Services 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 sanitarians and other appropriate state agencies, including the State Department of Agriculture. In addition to such other duties as may be prescribed by the Department of Human Services, the committee, not later than January 1 of each year in which a biennial session of the Legislative Assembly convenes, shall[:]

[(1)] submit to the department and the Legislative Assembly recommendations regarding the implementation of ORS 624.020, 624.060, 624.085 and 624.510 and section 3 of this 2003 Act.

[(2) Coordinate with any county food service advisory committee established under ORS 624.550 the implementation of any recommendations or evaluations required under ORS 624.550.]

SECTION 11. ORS 624.085 is amended to read:

624.085. (1) If the Director of Human Services determines that a critical violation of ORS 624.010 to 624.120, 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 by ORS 624.020 if, after a reasonable time has been given for correction of the violation, but not longer than 14 days, the violation continues to exist. The director shall reinstate a license that has been revoked or suspended if the director determines that the violation has been corrected.

(2) Notwithstanding ORS 624.020 [(6)], if the director determines that a critical violation of ORS 624.010 to 624.120, or any rule promulgated pursuant thereto, exists in a restaurant or bed and breakfast facility and the critical violation constitutes an imminent or present danger to the public health, the director may order immediate correction, use of an approved alternative procedure or closure of the restaurant or bed and breakfast facility by written notice thereof to the operator. The inspection report carrying a statement ordering closure and specifying the reasons therefor signed by the director and delivered to the operator may serve as the written notice of the closure. The director shall use inspection forms that clearly display notice that procedures are available to the licensee under ORS 183.310 to 183.550 for appeal of the closure order. A copy of the notice shall be filed with the records of the Department of Human Services. The closure order shall have the effect of an immediate revocation of the operator’s license. If requested, the director shall provide a prompt hearing after the closure in accordance with ORS 183.310 to 183.550.

(3) If the director determines that closure of the restaurant or bed and breakfast facility is necessary because failure to correct a critical violation or implement an approved alternative procedure constitutes a potential danger to the public health, or failure to correct a critical violation or implement an approved alternative procedure constitutes an imminent or present danger to the public health, the director shall:

(a) Notify the owner or person in charge of the restaurant or bed and breakfast facility that such restaurant or bed and breakfast facility shall not be used for food service purposes until the critical violations specified in the inspection report have been corrected; and

(b) Post a notice of closure upon the restaurant or bed and breakfast facility at the customary entrance to the restaurant or bed and breakfast facility in public view to the effect that the restaurant or bed and breakfast facility is closed for operation because a critical violation exists.

(4)(a) No person shall remove a notice of closure from a restaurant or bed and breakfast facility until the violation which caused the notice to be posted has been corrected.

(b) No person shall operate a restaurant or bed and breakfast facility upon which a notice of closure has been posted until the violation which caused the notice to be posted has been corrected and the notice has been removed.

(5) The director shall define clearly the criteria and rules for conformance to acceptable food service practices used to determine the restaurant or bed and breakfast facility sanitation score to insure statewide uniformity in the inspection and licensing processes. Critical violations which constitute a potential danger to the public health and critical violations which constitute an imminent or present danger to the public health shall be clearly defined. Minimum acceptable food service standard procedures shall be clearly defined by setting a minimum acceptable sanitation score for a licensed restaurant or bed and breakfast facility.

(6) If a restaurant or bed and breakfast facility obtains a sanitation score of less than the minimum acceptable standard, the restaurant or bed and breakfast facility operator or person in charge of the restaurant or bed and breakfast facility shall be notified of impending closure if, after reinspection within 30 days, the sanitation score does not meet minimum acceptable food service standards. If closure action is taken after reinspection, the restaurant or bed and breakfast facility may not be operated until the restaurant or bed and breakfast facility operator submits a plan for correction of the violations that receives the approval of the director and a subsequent inspection of the restaurant or bed and breakfast facility produces a sanitation score that meets minimum acceptable food service standards.

(7) The department may establish a more frequent inspection schedule for a restaurant licensed under ORS 624.020 that fails to meet specific minimum standards established by the department. The department may charge a fee for costs associated with the performance of additional inspections.

(8) As used in this section, “imminent” means impending or likely to develop without delay.

SECTION 12. 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, 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] local public health authority or as described in Red Cross Manual 32-1138 as the “abdominal thrust” procedures.

(2) [The county board of health] A local public health authority shall provide or cause to be provided the necessary training program at reasonable intervals, as determined by the [county board] local authority. The [county board] local public health authority 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) The [county board of health] local public health authority may charge reasonable fees to cover actual expenses of providing the training and issuing verification of training.

(4) The [county board of health] local public health authority may waive in writing the training requirements of this section in cases of undue hardship, or where the [county board] local authority determines that the employee’s assignment renders such training impracticable or unnecessary.

(5) Civil or criminal liability to the restaurant or [its] restaurant employees may not result from good faith application by a trained person of the first aid described under subsection (1) of this section.

SECTION 13. ORS 624.430 is amended to read:

624.430. (1) 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 Department of Human Services [an] the appropriate annual fee set forth in section 4 of this 2003 Act. [in the following amounts:]

[____________________________________________________________________________]

Annual fee

(a) Each commissary $ 250

(b) Each warehouse $ 100

(c) Each mobile unit $ 125

(d) Vending machines as follows:

Number of

machines Annual fee

1 - 10 $ 25

11 - 20 $ 50

21 - 30 $ 75

31 - 40 $ 100

41 - 50 $ 125

51 - 75 $ 150

76 - 100 $ 200

101 - 250 $ 350

251 - 500 $ 550

501 - 750 $ 750

751 - 1,000 $ 920

1,001 - 1,500 $ 1,200

1,501 - 2,000 or more $ 1,500

[____________________________________________________________________________]

(2) All licenses issued under ORS 624.320 expire annually on a date set by department rule. A license is not transferable. The department may not issue a refund representing any unused portion of a license. The department may not refund fees submitted with applications that have been denied.

[(3) To reinstate a license after the expiration date, the operator must pay a reinstatement fee of $100 in addition to the license fee required under subsection (1) of this section. If the operator reinstates the license more than 30 days after the expiration date, the reinstatement fee shall increase by $100 on the 31st day following the expiration date and on that day of the month in each succeeding month until the license is reinstated.]

SECTION 14. ORS 624.510 is amended to read:

624.510. (1) The Director of Human Services [shall delegate to any county board of commissioners which requests any] and each local public health authority established under ORS 431.375 shall enter into an intergovernmental agreement delegating to the local authority the administration and enforcement within the jurisdiction of the authority of the [authority, responsibilities] powers, duties and functions of the Director of Human Services under ORS 624.010 to 624.120, 624.310 to 624.430, 624.650 and 624.992. [if the director determines that the county is able to carry out the rules of the Department of Human Services] The intergovernmental agreement must describe the powers, duties and functions of the local public health authority relating to fee collection, licensing, inspections, enforcement, civil penalties and issuance and revocation of permits and certificates, [in compliance with] standards for enforcement by the [counties] local authority and the monitoring to be performed by the Department of Human Services. [Such standards shall be established by] The department shall establish the descriptions and standards in consultation with the [appropriate county] local public health authority officials and in accordance with ORS 431.345. The intergovernmental agreement must be a part of the local annual plan submitted by the local public health authority under ORS 431.385. The department shall review [and monitor each county’s] the performance of the local public health authority under [this subsection] any expiring intergovernmental agreement. The review shall include criteria to determine if provisions of ORS 624.085 are uniformly applied to all licensees within the [county] jurisdiction of the local public health authority. In accordance with ORS 183.310 to 183.550, the director may suspend or rescind [a delegation] an intergovernmental agreement under this subsection. [If it is determined that a county is not carrying out such rules or the delegation is suspended,] If the department suspends or rescinds an intergovernmental agreement, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the department for carrying out the [authority, responsibility] powers, duties and functions under this section.

[(2) Except as provided in subsections (4) and (5) of this section, the county may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section or use the fee schedules pursuant to ORS 624.020, 624.025 and 624.430.]

[(3) The department, after consultation with the Oregon Coalition of Local Health Officials and the Oregon Restaurant Association, shall by rule adopt a formula for calculating allowable costs for licenses issued under ORS 624.010 to 624.120. The formula shall include, but not be limited to, expenses related to administration, program costs, salaries, travel expenses and department consultation fees. The formula shall be one of the standards for delegation of health enforcement authority under subsection (1) of this section to counties that establish fees above the amounts set forth in ORS 624.020 (4).]

[(4) Any county that proposes to increase its fees above the amounts set forth in ORS 624.020 (4) must document that revenues generated by the proposed fee are not in excess of the formula adopted under subsection (3) of this section and are necessary to recover allowable costs pursuant to the formula.]

(2) A local public health authority shall collect fees on behalf of the department that are adequate to cover the administration and enforcement costs incurred by the local public health authority under this section and the cost of oversight by the department. If the fee collected by a local public health authority for a license or service is more than 20 percent above or below the fee for that license or service charged by the department, the department shall analyze the local public health authority fee process and determine whether the local public health authority used the proper cost elements in determining the fee and whether the amount of the fee is justified. Cost elements may include, but need not be limited to, expenses related to administration, program costs, salaries, travel expenses and department consultation fees. If the department determines that the local public health authority did not use the proper cost elements in determining the fee or that the amount of the fee is not justified, the department may order the local public health authority to reduce any fee to a level supported by the department’s analysis of the fee process.

[(5)] (3) The department, after consultation with [the Oregon coalition of] groups representing local health officials in the state, shall by rule assess a remittance from each [county] local public health authority to which health enforcement [authority has] powers, duties or functions have been delegated under subsection (1) of this section. The amount of the remittance must be specified in the intergovernmental agreement. The remittance shall supplement existing funds for consultation services and development and maintenance of the statewide food service program. The department shall consult with [the Oregon coalition of] groups representing local health officials in the state and [the Oregon Restaurant Association] statewide restaurant associations in developing the statewide food service program.

[(6)] (4) In any action, suit or proceeding arising out of [county] local public health authority administration of functions pursuant to subsection (1) of this section and involving the validity of a rule [promulgated] adopted by the department, the department shall be made a party to the action, suit or proceeding.

SECTION 15. Each local public health authority must enter into an intergovernmental agreement with the Department of Human Services pursuant to ORS 624.510 on or before May 1, 2005.

SECTION 16. ORS 624.530 is amended to read:

624.530. [(1)] Notwithstanding any provision of ORS 624.010 to 624.120 or 624.310 to 624.430 or statutes administered by the State Department of Agriculture, the Director of Human Services and the Director of [the department] Agriculture jointly shall adopt rules and enter into interagency agreements necessary to [insure] ensure that only one of the agencies inspects and licenses any facility that is subject to regulation by both agencies.

[(2) The rules and agreements entered into pursuant to subsection (1) of this section shall be written so as to encourage delegation of jurisdiction over facilities to local governments pursuant to ORS 624.510.]

SECTION 17. ORS 624.550 is amended to read:

624.550. [Each county board of commissioners] An intergovernmental agreement described in ORS 624.510 must encourage and authorize a local public health authority to which health enforcement [authority has] powers, duties or functions have been delegated pursuant to ORS 624.510 [shall] to appoint a food service advisory committee consisting of [at least three] volunteer representatives from a cross section of the food service industry and the general public. [In addition to such other duties as may be prescribed by the county commissioners, each such advisory committee, not later than January 1 of each odd-numbered year, shall:] A committee established by a local public health authority may:

(1) Make recommendations to the [county commissioners] local public health authority regarding the [implementation of this section, ORS 624.020, 624.060, 624.085 and 624.510] administration and enforcement by the local authority of powers, duties and functions under an existing or proposed intergovernmental agreement; and

(2) Review and provide to the Department of Human Services an evaluation of the effectiveness of this [section, ORS 624.020, 624.060, 624.085 and 624.510] chapter and any foodborne illness prevention program adopted by the department by rule under section 3 of this 2003 Act.

SECTION 18. ORS 624.570 is amended to read:

624.570. (1)(a) Except as provided in subsection [(7)] (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 thereafter maintain a valid completion certificate at all times during the employment.

(b) A food handler training program offered by [a county or] the Department of Human Services or the designated agent of the department, or offered by a [private training entity] local public health authority or designated agent of the local authority and approved by [a county or] the department, is valid in any [county of] jurisdiction in 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] department, a local public health authority or a designated agent shall issue a certificate of completion. [A certificate of completion issued by a county or the department is valid in any county of the state.] A food handler certificate of completion expires three years after the date of issuance.

(3) All [delegate counties, as described in] local public health authorities exercising powers, duties and function pursuant to ORS 624.510, shall [establish and maintain] ensure the provision of food handler training programs within the jurisdiction of the local public health authority. The department 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 department, as determined by the department, is in compliance with the requirements of subsection (1) of this section.]

[(5)] (4) The department 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)] (5) The department, a local public health authority or a designated agent shall [and a delegate county may] charge a program fee to program participants. The program fee may not exceed $10. A program provider may assess a new program fee each time a participant takes or retakes all or part of a program or certification exam. A fee not exceeding $5 may be charged for duplicate certificates of completion.

[(7)] (6) 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.

SECTION 19. ORS 624.650 is amended to read:

624.650. (1) Notwithstanding any provision of ORS 624.010, 624.025, 624.065, 624.510 or 624.530, a temporary restaurant as defined under ORS 624.010 that is a mobile unit as defined under ORS 624.310 may be required to pay a fee not to exceed $25 for inspection services if the mobile unit is licensed by:

(a) The Department of Human Services under ORS 624.320 or a [county delegated authority under ORS 624.510] local public health authority acting pursuant to an intergovernmental agreement to conduct inspections in accordance with ORS 624.370;

(b) The State Department of Agriculture or the United States Public Health Service as provided under ORS 624.330; or

(2) [Nothing in] This section [shall prohibit] does not prohibit the Department of Human Services or a [county] local public health authority delegated authority under an intergovernmental agreement described in ORS 624.510 from enforcing ORS 624.380 or 624.420 or rules adopted by the department pursuant to ORS 624.390.

SECTION 20. ORS 624.992 is amended to read:

624.992. (1) In addition to any other penalty provided by law, the Department of Human Services may impose a civil penalty on any person for violation of ORS 624.020 (1), 624.060 (1), 624.060 (4), 624.070, 624.085, 624.320, 624.370, 624.380 or 624.430 or rules adopted under ORS 624.010 to 624.120 or 624.390.

(2) After public hearing, the Department of Human Services by rule shall adopt objective criteria for establishing the civil penalty that may be imposed under subsection (1) of this section.

(3) Civil penalties under subsection (1) of this section shall be imposed in the manner provided by ORS 183.090.

(4) A [county board of commissioners] local public health authority delegated civil penalty [authority] power under an intergovernmental agreement described in ORS 624.510 shall implement that [authority] power in accordance with protocols and limits established by the Department of Human Services by rule. The [board’s] local public health authority’s civil penalty [authority shall apply] power applies only to imminent and present dangers to public health and to operation without a license.

SECTION 21. (1) Sections 2, 3 and 4 of this 2003 Act and the amendments to ORS 431.157, 433.855, 616.077, 624.020, 624.025, 624.045, 624.085, 624.130, 624.430, 624.510, 624.530, 624.550, 624.570, 624.650 and 624.992 by sections 5 to 14 and 16 to 20 of this 2003 Act do not affect the validity of any license, certificate or training issued, provided or authorized by a delegate county prior to the operative date set forth in section 22 (1) of this 2003 Act or cancel any civil penalty imposed by a delegate county prior to the operative date set forth in section 22 (1) of this 2003 Act. Any license, certificate or training continues to be valid in accordance with its terms.

(2) The Department of Human Services may treat an application for the renewal, reinstatement or reissuance of a license or certificate described in subsection (1) of this section as an application to renew a license or certificate issued by the department. The department may suspend or revoke a license or certificate described in subsection (1) of this section in the same manner as a license or certificate issued by the department.

(3) Sections 2, 3 and 4 of this 2003 Act and the amendments to ORS 431.157, 433.855, 616.077, 624.020, 624.025, 624.045, 624.085, 624.130, 624.430, 624.510, 624.530, 624.550, 624.570, 624.650 and 624.992 by sections 5 to 14 and 16 to 20 of this 2003 Act do not affect any action, proceeding or prosecution for a violation of ORS 624.010 to 624.120, 624.310 to 624.430 or 624.650 commenced by a delegate county prior to the operative date set forth in section 22 (1) of this 2003 Act, except that the department may be substituted for the delegate county in the action, proceeding or prosecution.

SECTION 22. (1) Sections 2, 3 and 4 of this 2003 Act and the amendments to ORS 431.157, 433.855, 616.077, 624.020, 624.025, 624.045, 624.085, 624.130, 624.430, 624.510, 624.530, 624.550, 624.570, 624.650 and 624.992 by sections 5 to 14 and 16 to 20 of this 2003 Act become operative January 1, 2004.

(2) The Department of Human Services and any local public health authority may enter into temporary intergovernmental agreements prior to January 1, 2004, to become operative January 1, 2004. Notwithstanding sections 2, 3 and 4 of this 2003 Act and the amendments to ORS 431.157, 433.855, 616.077, 624.020, 624.025, 624.045, 624.085, 624.130, 624.430, 624.510, 624.530, 624.550, 624.570, 624.650 and 624.992 by sections 5 to 14 and 16 to 20 of this 2003 Act, the department and the local public health authority shall establish the terms of the temporary agreement and may modify those terms by mutual agreement. A local public health authority may operate under the temporary intergovernmental agreement until the earlier of the date on which the local authority enters into an intergovernmental agreement under ORS 624.510 or May 1, 2005.

SECTION 23. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor June 11, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date June 11, 2003

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