Chapter 367 Oregon Laws 2011

AN ACT

HB 2750

Relating to use of alcoholic beverages in schools; and declaring an emergency.

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

SECTION 1. (1) As used in this section, “alcoholic beverage” has the meaning given that term in ORS 471.001.

(2) A district school board may adopt a policy that allows the use of alcoholic beverages in the secondary schools of the school district for the following purposes:

(a) As ingredients in cooking or food preparation; and

(b) In a culinary arts class taught at a secondary school of the school district or in preparation for a culinary competition or demonstration by the students of a secondary school of the school district.

(3) A policy adopted under this section must:

(a) Specify the circumstances under which the alcoholic beverages may be used;

(b) Require that the alcoholic beverages be used only while under adult supervision;

(c) Require that the alcoholic beverages be securely stored while not in use;

(d) Require that the parent or legal guardian of each student participating in the culinary arts class provide written consent for the student to use alcoholic beverages in the culinary arts class; and

(e) Allow a student to participate in an alternative project if consent is not provided under paragraph (d) of this subsection or if the student chooses not to participate in a project that requires the use of an alcoholic beverage.

(4) A policy adopted under this section may allow for the use of alcoholic beverages:

(a) At specified culinary competitions or demonstrations while requiring board approval for the use of alcoholic beverages in other culinary competitions or demonstrations; and

(b) In specified culinary arts classes while not allowing for the use of alcoholic beverages in other culinary arts classes.

SECTION 2. Section 3 of this 2011 Act is added to and made a part of ORS chapter 471.

SECTION 3. (1) Notwithstanding ORS 471.410, an employee of a school district may make alcoholic beverages available to a student in a culinary arts class for use in the culinary arts class if the alcoholic beverages are provided in compliance with a policy adopted under section 1 of this 2011 Act.

(2) Notwithstanding ORS 471.430, a student of a culinary arts class may have personal possession of alcoholic beverages for use in the culinary arts class if the student has possession of the alcoholic beverages in compliance with a policy adopted under section 1 of this 2011 Act.

SECTION 4. This 2011 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2011 Act takes effect on its passage.

Approved by the Governor June 16, 2011

Filed in the office of Secretary of State June 16, 2011

Effective date June 16, 2011

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