Chapter 664
Oregon Laws 2011
AN ACT
HB 2868
Relating to
temporary restaurants; creating new provisions; and amending ORS 471.190,
616.711, 624.010, 624.041, 624.080, 624.086, 624.091, 624.096, 624.106,
624.111, 624.490, 624.570 and 624.650.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 2 to 4 of this
2011 Act are added to and made a part of ORS 624.010 to 624.121.
SECTION 2. (1) A person may not
operate an intermittent temporary restaurant without first procuring a license to
do so from the Oregon Health Authority. The intermittent temporary restaurant
license shall be posted in a conspicuous place on the premises of the licensee.
(2) Application for an intermittent
temporary restaurant license shall be in writing in the form prescribed by the
authority and shall contain the name and address of the applicant, the specific
location of the intermittent temporary restaurant, a description of the public
gatherings, entertainment events, food product promotions or other events to be
served by the intermittent temporary restaurant, an operating plan and any
other information the authority may require. Except as provided in ORS 624.106,
an applicant for an intermittent temporary restaurant license or renewal of an
intermittent temporary restaurant license shall pay to the authority the
appropriate license fee under ORS 624.490.
(3) An intermittent temporary
restaurant license shall expire 30 days after issuance. However, the license
shall terminate immediately if:
(a) The intermittent temporary
restaurant prepares or serves food for consumption by the public that is not in
connection with a public gathering, entertainment event, food product promotion
or other event held by an oversight organization;
(b) The location of the intermittent
temporary restaurant changes; or
(c) The menu is substantially altered
as defined by authority rules.
(4) The Director of the Oregon Health
Authority may suspend, deny or revoke an intermittent temporary restaurant
license 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 described in ORS 624.010 to 624.121 or in a rule
adopted under ORS 624.010 to 624.121. Any suspension, denial or revocation
action shall be taken in accordance with ORS chapter 183.
SECTION 3. (1) A person may not
operate a seasonal temporary restaurant without first procuring a license to do
so from the Oregon Health Authority. The seasonal temporary restaurant license
shall be posted in a conspicuous place on the premises of the licensee.
(2) Application for a seasonal
temporary restaurant license shall be in writing in the form prescribed by the
authority and shall contain the name and address of the applicant, the specific
location of the seasonal temporary restaurant, the name of the oversight
organization arranging the public gatherings, entertainment events, food
product promotions or other events to be served by the seasonal temporary
restaurant, an operating plan and any other information the authority may
require. Except as provided in ORS 624.106, an applicant for a seasonal
temporary restaurant license or renewal of a seasonal temporary restaurant
license shall pay to the authority the appropriate license fee under ORS
624.490.
(3) A seasonal temporary restaurant
license shall expire 90 days after issuance. However, a license shall terminate
immediately if:
(a) The seasonal temporary restaurant
prepares or serves food for consumption by the public that is not in connection
with a public gathering, entertainment event, food product promotion or other
event held by the oversight organization identified in the license application
for the seasonal temporary restaurant;
(b) The location of the seasonal temporary
restaurant changes; or
(c) The menu is substantially altered
as defined by authority rules.
(4) The Director of the Oregon Health
Authority may suspend, deny or revoke a seasonal temporary restaurant license
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 described in ORS 624.010 to 624.121 or in a rule
adopted under ORS 624.010 to 624.121. Any suspension, denial or revocation
action shall be taken in accordance with ORS chapter 183.
SECTION 4. The following are not
subject to the requirements established under ORS 624.010 to 624.121 for
restaurants, intermittent temporary restaurants, seasonal temporary restaurants
or single-event temporary restaurants:
(1) An establishment where food is
prepared and served by a fraternal, social or religious organization only to
its own members and guests.
(2) An approved school lunchroom
where:
(a) Food is prepared and served for
school and community activities; and
(b) The food preparation and service
are under the direction of the school lunchroom supervisor.
(3) A food product promotion where
only samples of a food or foods are offered to demonstrate the characteristics
of the food product. For the purposes of this subsection, a sample may not
include a meal, an individual hot dish or a whole sandwich.
(4) A private residence, or part of a
private residence, including the grounds, areas and facilities held out for the
use of the occupants generally, for which a temporary sales license is issued
under ORS 471.190 for a period not exceeding one day.
SECTION 5. ORS 624.010 is amended to
read:
624.010. As used in ORS 624.010 to
624.121, unless the context requires otherwise:
(1) “Authority” means the Oregon
Health Authority.
(2) “Bed and breakfast facility” means
any establishment located in a structure designed for a single family residence
and structures appurtenant thereto, regardless of whether the owner or operator
of the establishment resides in any of the structures, that:
(a) Has more than two rooms for rent
on a daily basis to the public; and
(b) Offers a breakfast meal as part of
the cost of the room.
(3) “Director” means the Director of
the Oregon Health Authority.
(4) “Intermittent temporary
restaurant” means an establishment:
(a) That operates temporarily at a
specific location in connection with multiple public gatherings, entertainment
events, food product promotions or other events, at least two of which are
arranged for by different oversight organizations; and
(b) Where food is prepared or served
for consumption by the public.
[(4)]
(5) “Limited service restaurant” means a restaurant serving only
individually portioned prepackaged foods prepared from an approved source by a
commercial processor and nonperishable beverages.
(6) “Operational review” means the
examination of a plan of operation for an establishment in order to ensure that
the proposed operation conforms with applicable sanitation standards.
(7) “Oversight organization” means an
entity responsible for organizing, managing or otherwise arranging for a public
gathering, entertainment event, food product promotion or other event,
including but not limited to ensuring the availability of water, sewer and
sanitation services.
[(5)]
(8) “Restaurant,” [includes
any establishment] except as provided in subsection (9) of this section,
means an establishment:
(a) Where
food or drink is prepared for consumption by the public;
(b) [or any establishment] Where the public
obtains food or drink so prepared in form or quantity consumable then and
there, whether or not it is consumed within the confines of the premises where
prepared[, and also includes
establishments that prepare]; or
(c) That prepares
food or drink in consumable form for service outside the premises where
prepared.[, but does not include
railroad dining cars, bed and breakfast facilities or temporary restaurants.]
[(6)
“Temporary restaurant” means any establishment operating temporarily in connection
with any fair, carnival, circus or similar public gathering or entertainment,
food product promotion or any other event where food is prepared or served for
consumption by the public. “Temporary restaurant” does not include:]
[(a)
An establishment where food is prepared and served by a fraternal, social or
religious organization only to its own members and guests.]
[(b)
An approved school lunchroom where food is prepared and served for school and
community activities, where the preparation and service are under the direction
of the school lunchroom supervisor.]
[(c)
A food product promotion where only samples of a food or foods are offered to
demonstrate the characteristics of the food product. For the purposes of this
paragraph, a sample shall not include a meal, an individual hot dish or a whole
sandwich.]
[(d)
A private residence, or part thereof, including the grounds, areas and
facilities held out for the use of the occupants generally, for which a
temporary sales license is issued under ORS 471.190 for a period not exceeding
one day.]
(9) “Restaurant” does not mean a
railroad dining car, bed and breakfast facility, intermittent temporary
restaurant, seasonal temporary restaurant or single-event temporary restaurant.
(10) “Seasonal temporary restaurant”
means an establishment:
(a) That operates at a specific
location in connection with multiple public gatherings, entertainment events,
food product promotions or other events that are arranged for by the same
oversight organization; and
(b) Where food is prepared or served
for consumption by the public.
(11) “Single-event temporary
restaurant” means an establishment:
(a) That operates in connection with a
single public gathering, entertainment event, food product promotion or other
event; and
(b) Where food is prepared or served
for consumption by the public.
SECTION 6. ORS 624.041 is amended to
read:
624.041. The Oregon Health Authority
shall make all rules necessary for the enforcement of ORS 624.010 to 624.121,
including such rules concerning the construction and operation of restaurants,
bed and breakfast facilities [and],
intermittent temporary restaurants, seasonal temporary restaurants and
single-event temporary restaurants as are reasonably necessary to protect
the public health of persons using these facilities. The rules shall provide
for, but need not be restricted to, the following:
(1) A water supply adequate in
quantity and safe for human consumption.
(2) Disposal of sewage, refuse and
other wastes in a manner that will not create a nuisance or a health hazard.
(3) The cleanliness and accessibility
of toilets and handwashing facilities.
(4) The cleanliness of the premises.
(5) The refrigeration of perishable
foods.
(6) The storage of food for protection
against dust, dirt and contamination.
(7) Equipment of proper construction
and cleanliness of such equipment.
(8) The control of insects and
rodents.
(9) The cleanliness and grooming of
food workers.
(10) Exclusion of unauthorized persons
from food preparation and storage areas.
(11) Review of proposed plans for the
construction or remodeling of facilities subject to licensing under this
chapter.
SECTION 7. ORS 624.080 is amended to
read:
624.080. (1) The Oregon Health
Authority may, by rule, define certain communicable diseases [which may be] that are capable of
being spread to the public by employees of a restaurant, bed and breakfast
facility [or], intermittent
temporary restaurant, seasonal temporary restaurant or single-event
temporary restaurant.
(2) [No] A person who is affected with a communicable disease
described in subsection (1) of this section or is a carrier of such disease [shall] may not work in any
restaurant, bed and breakfast facility [or],
intermittent temporary restaurant, seasonal temporary restaurant or
single-event temporary restaurant. [No]
A restaurant, bed and breakfast facility [or temporary restaurant shall employ any such person or any person],
intermittent temporary restaurant, seasonal temporary restaurant or
single-event temporary restaurant may not employ a person who is affected with,
carries or is suspected of being affected with or carrying any
communicable disease [or of being a
carrier of such disease]. If the restaurant, bed and breakfast facility [or], intermittent temporary restaurant,
seasonal temporary restaurant or single-event temporary restaurant manager
suspects that any employee has contracted any disease in a communicable form or
has become a carrier of such disease, the manager shall notify the
Director of the Oregon Health Authority immediately. A placard containing this
subsection shall be posted in all toilet rooms.
(3) When suspicion arises as to the
possibility of transmission of infection from any restaurant, bed and breakfast
facility [or], intermittent
temporary restaurant, seasonal temporary restaurant or single-event
temporary restaurant employee, the director may require any or all of the
following measures:
(a) The immediate exclusion of the
employee from all restaurants, bed and breakfast facilities [and], intermittent temporary
restaurants, seasonal temporary restaurants and single-event temporary
restaurants; and
(b) Adequate medical examinations of
the employee and associates of the employee, with such laboratory examinations
as may be indicated.
SECTION 8. ORS 624.086 is amended to
read:
624.086. (1) A person may not operate
a single-event temporary restaurant without first procuring a license to
do so from the Oregon Health Authority. The single-event temporary
restaurant license shall be posted in a conspicuous place on the premises of
the licensee.
(2) Application for a single-event
temporary restaurant license shall be in writing in the form prescribed by the
authority and shall contain the name and address of the applicant, the specific
location of the single-event temporary restaurant and any other
information the authority may require.
(3) All single-event temporary
restaurant licenses shall terminate 30 days after issuance unless within the 30
days the single-event temporary restaurant is discontinued or is moved
from the specific location for which the license was issued. If within 30 days
after issuance the single-event 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 624.106,
[and subsection (6) of this section,]
every applicant for a single-event temporary restaurant license or
renewal [thereof] of a
single-event temporary restaurant license shall pay to the authority the
appropriate license fee under ORS 624.490.
(5) The Director of the Oregon Health
Authority may suspend, deny or revoke any single-event temporary
restaurant license 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 624.121
or any rule adopted thereunder. Any suspension, denial or revocation action
shall be taken in accordance with ORS chapter 183.
[(6)
Notwithstanding any other provision of this section or ORS 624.490:]
[(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 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 9. ORS 624.091 is amended to
read:
624.091. (1) At least once during the
operation of a single-event temporary restaurant, the Director of the
Oregon Health Authority shall inspect the facilities and operation. The person
operating the single-event temporary restaurant shall, upon request of
the director, permit access to all parts of the establishment.
(2) The director shall conduct an
operational review of an intermittent temporary restaurant or seasonal
temporary restaurant. The director may charge a reasonable fee established by
rule for conducting the operational review. The director shall inspect the
facilities and operation of an intermittent temporary restaurant or seasonal
temporary restaurant at least once during the term of the license. The person
operating the intermittent temporary restaurant or seasonal temporary
restaurant shall, upon request of the director, permit access to all parts of
the establishment.
[(2)]
(3) One copy of the inspection report shall be posted by the director [somewhere] on the establishment premises.[; and the report shall not be defaced or
removed by any person except the director until the temporary restaurant
license is terminated.] A person other than the director may not remove
or deface the inspection report during the term of the license.[Another] The director shall file a
copy of the inspection report [shall be
filed with] in the records of the Oregon Health Authority.
SECTION 10. ORS 624.096 is amended to
read:
624.096. [When the] If a violation of any provision of ORS 624.010 to
624.121 or any rule [promulgated
thereunder] adopted under ORS 624.010 to 624.121 comes to the
attention of the Director of the Oregon Health Authority and [if] the violation is of such a nature as
to constitute a serious hazard to the health of the public, [immediate closure of the temporary
restaurant may be secured upon notification of the operator in writing.] the
director may immediately close an intermittent temporary restaurant, seasonal
temporary restaurant or single-event temporary restaurant by giving written
notice to the operator. The inspection report carrying a statement ordering
closure and signed by the director delivered to the operator may serve as the
written notice of the closure. [A copy of
this notice shall be filed with] The director shall file a copy of the
notice in the records of the Oregon Health Authority. The closure order
shall have the effect of an immediate revocation of the operator’s license. The
director shall, if requested, provide a prompt hearing after closure in
accordance with ORS chapter 183.
SECTION 11. ORS 624.106 is amended to
read:
624.106. (1)(a) [Notwithstanding ORS 624.086 (3) and (4),] The Oregon Health
Authority shall issue a license to a benevolent organization to operate a single-event
temporary restaurant pursuant to this section if the benevolent organization
has notified the authority, orally or in writing, [of its intention to operate a temporary restaurant.] that the
benevolent organization intends to operate a single-event temporary restaurant.
The authority shall provide at least one place in each county at which such
notification may be made.
[(b)
Not more than 13 temporary restaurant licenses per year may be issued pursuant
to this section to each benevolent organization.]
[(c)
No license fee or inspection fee shall be charged for a temporary restaurant
licensed pursuant to this section.]
(b) Notwithstanding ORS 624.490 or
624.650, the authority, or a local public health authority as provided under
ORS 624.510, may not charge a benevolent organization a license fee or
inspection fee for a single-event temporary restaurant licensed under this
subsection.
(2) The authority shall issue a single-event
temporary [benevolent] restaurant
license to each [provider of]
restaurant service provider at a special event arranged by a benevolent
organization. The license shall be provided without fee to each restaurant
service provider who files with the benevolent organization a signed statement
that the service provider receives no profit from restaurant services performed
at the special event. The statement shall be subject to inspection by the
authority at the time inspections are made pursuant to ORS 624.111. [For the purpose of licenses issued pursuant
to this subsection, a particular benevolent organization may arrange only one
special event per calendar year.] A benevolent organization may not
arrange more than one special event per calendar year for which restaurant
service providers are licensed without charge under this subsection.
[(3)
All licenses issued pursuant to this section shall terminate three days after
issuance unless within the three days the temporary restaurant is discontinued
or is moved from the specific location for which the license was issued. If
within three 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.]
SECTION 12. ORS 624.111 is amended to
read:
624.111. (1) At any time during the
operation of a single-event temporary restaurant licensed [pursuant to] under ORS 624.106,
the Director of the Oregon Health Authority may inspect the facilities and
operation.
(2) The benevolent organization or
service provider operating the single-event temporary restaurant
shall, upon request of the director, permit access to all parts of the
establishment.
SECTION 13. ORS 624.490 is amended to
read:
624.490. (1) The Oregon Health
Authority 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 an intermittent temporary
restaurant, $52.50.
(e) For a seasonal temporary
restaurant, $52.50.
[(d)]
(f) For a single-event temporary restaurant, except as provided in
ORS [624.086 and] 624.106:
(A) $36.75 for an event lasting one
day; and
(B) $52.50 for an event lasting two
days or longer.
[(e)]
(g) $262.50 for a commissary.
[(f)]
(h) $105 for each warehouse.
[(g)]
(i) $131.50 for each mobile unit.
[(h)]
(j) 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) Except as provided in this
subsection, to reinstate [a license
other than a temporary restaurant license after the expiration date,] an
expired license the operator must pay a reinstatement fee of $100 in
addition to the license fee required under subsection (1) of this section. The
reinstatement fee does not apply to the reinstatement of an expired
intermittent temporary restaurant, seasonal temporary restaurant or
single-event temporary restaurant license. 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) Notwithstanding subsection (1)
of this section, the Oregon Health Authority or a local public health
authority as provided under ORS 624.510 may exempt or reduce the license
fee for restaurants operated by benevolent organizations[, as defined in ORS 624.101,] 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. As used in this subsection, “benevolent
organization” has the meaning given that term in ORS 624.101.
SECTION 14. ORS 624.570 is amended to
read:
624.570. (1)(a) Except as provided in
subsection (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 the Oregon Health Authority or the designated agent of the
authority, or offered by a local public health authority or designated agent of
the local public health authority that has been approved by the Oregon Health
Authority, is valid in any 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 Oregon Health Authority, a local public
health authority or a designated agent shall issue a certificate of completion.
A food handler certificate of completion expires three years after the date of
issuance.
(3) All local public health
authorities exercising powers, duties and functions pursuant to ORS 624.510,
shall ensure the provision of food handler training programs within the
jurisdiction of the local public health authority. The Oregon Health Authority
shall establish and maintain food handler training programs in counties without
authority delegated under ORS 624.510.
(4) The Oregon Health Authority 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.
(5) The Oregon Health Authority, a
local public health authority or a designated agent shall 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.
(6) Persons involved in the
preparation or service of food in [a]
an intermittent temporary restaurant, seasonal temporary restaurant or
single-event temporary restaurant are not required to complete a food
handler training program, but the intermittent temporary restaurant,
seasonal temporary restaurant or single-event temporary restaurant shall
have at least one person who has completed the food handler training program on
the premises at all times.
SECTION 15. ORS 624.650 is amended to
read:
624.650. (1) Notwithstanding any
provision of ORS 624.010, 624.086, 624.091, 624.510 or 624.530, a
single-event temporary restaurant as defined under ORS 624.010 that is a
mobile unit as defined under ORS 624.310 is subject to [may be required to pay] a fee not to
exceed $25 for inspection services if the mobile unit is licensed by:
(a) The Oregon Health Authority under
ORS 624.320 or a 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
(c) Another jurisdiction and permitted
to be used in this state under ORS 624.410.
(2) This section does not prohibit the
Oregon Health Authority or a local public health authority delegated authority
under an intergovernmental agreement described in ORS 624.510 from enforcing
ORS 624.420 or 624.425 or rules adopted by the Oregon Health Authority pursuant
to ORS 624.355.
SECTION 16. ORS 471.190 is amended to
read:
471.190. (1) The holder of a temporary
sales license may sell at retail by the drink wine, malt beverages, cider and
distilled liquor. Distilled liquor served by the holder of a temporary sales
license must be purchased from a retail sales agent of the Oregon Liquor
Control Commission. The holder of a temporary sales license must provide food
service as required by commission rule.
(2) A temporary sales license may be
issued only to:
(a) Nonprofit or charitable
organizations that are registered with the state.
(b) A political committee that has
filed a statement of organization under ORS 260.039 or 260.042.
(c) State agencies.
(d) Local governments, and agencies
and departments of local governments.
(e) Persons not otherwise described in
this subsection, as long as the applicant submits a plan that is approved by
the commission detailing how minors will be prevented from gaining access to
alcoholic beverages and how minors will be prevented from gaining access to any
portion of the licensed premises prohibited to minors under ORS 471.430 (3) or
any rule adopted by the commission.
(3) The holder of a temporary sales
license may sell wine, malt beverages or cider in factory-sealed containers for
consumption off the licensed premises.
(4) The commission may by rule
establish additional eligibility requirements for temporary sales licenses.
(5) Subject to such qualifications as
the commission may establish by rule, persons who hold a full or limited
on-premises sales license are eligible for temporary sales licenses.
(6) A person holding a temporary sales
license is not required to obtain [a]
an intermittent temporary restaurant, seasonal temporary restaurant,
single-event temporary restaurant license or mobile unit license under ORS
chapter 624 if only wine, malt beverages and cider in single-service containers
are served and only nonperishable food items that are exempted from licensure
by the Oregon Health Authority are served.
(7) Employees and volunteers serving
alcoholic beverages for a nonprofit or charitable organization licensed under
this section are not required to have server permits nor to complete an alcohol
server education program and examination under ORS 471.542. The commission by
rule may establish education requirements for servers described in this
subsection.
(8) Notwithstanding ORS 471.392 to
471.400, a temporary sales license may be issued to a nonprofit trade
association that has a membership primarily comprised of persons that hold
winery licenses issued under ORS 471.223 or grower sales privilege licenses
issued under ORS 471.227.
SECTION 17. ORS 616.711 is amended to
read:
616.711. (1) No license or duplicate
of a license, as prescribed in ORS 616.706, is necessary for food
establishments where the principal activity is the receiving, storage, sorting,
cleaning and packing of fresh fruits and vegetables.
(2) All provisions of ORS 616.695 to
616.755 other than licensing apply to food establishments set forth in
subsection (1) of this section.
(3) The provisions of ORS 616.695 to
616.755 do not apply to:
(a) Restaurants, bed and breakfast
facilities, intermittent temporary restaurants, seasonal temporary
restaurants, single-event temporary restaurants, commissaries, vending
machines and mobile food and beverage units licensed under ORS 624.010 to
624.121, 624.310 to 624.430 or those [which]
that are exempted under ORS 624.330.
(b) Food service facilities not
preparing food for distribution to the public or to institutional facilities
licensed and regulated by the Department of Human Services or the Oregon Health
Authority.
(c) Shellfish operations licensed
under ORS chapter 622.
(d) A person processing, manufacturing
or packaging food for family use or consumption.
(e) Commercial transit salvage
operations not involving sale of food to the general public.
SECTION 18. Sections 2 to 4 of
this 2011 Act and the amendments to ORS 471.190, 616.711, 624.010, 624.041,
624.080, 624.086, 624.091, 624.096, 624.106, 624.111, 624.490, 624.570 and
624.650 by sections 5 to 17 of this 2011 Act apply to licenses issued 60 or
more days after the effective date of this 2011 Act.
Approved by
the Governor August 2, 2011
Filed in the
office of Secretary of State August 2, 2011
Effective date
January 1, 2012
__________