TITLE 49 FOOD AND OTHER COMMODITIES: PURITY, … · Oregon Health Authority. (c) Shellfish operations licensed under ORS chapter 622. Title 49 Page 19 (2009 Edition) 616.716 FOOD

TITLE 49

FOOD AND OTHER COMMODITIES: PURITY, SANITATION, GRADES, STANDARDS,

LABELS, WEIGHTS AND MEASURES

Chapter 616. General and Miscellaneous Provisions618. Weights and Measures619. Labeling and Inspection of Meat and Meat Food Products621. Milk; Dairy Products; Substitutes622. Shellfish624. Food Service Facilities625. Bakeries and Bakery Products628. Refrigerated Locker Plants632. Grades, Standards and Labels for Agricultural and Horticultural Products633. Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds634. Pesticide Control635. Nonalcoholic Beverages

Chapter 616

2009 EDITION

General and Miscellaneous Provisions

ADMINISTRATION AND ENFORCEMENTOF FOOD, DRINK AND SANITATION

LAWS GENERALLY616.010 State Department of Agriculture and Or-

egon Health Authority to administer andenforce food laws

616.015 Cooperation between Oregon Health Au-thority and State Department of Agricul-ture

616.020 Surveys, investigations and inquiries byOregon Health Authority

616.065 Certificate of analysis or test as evidence

REGULATION OF SULFITE USE616.073 Policy and prohibitions on sulfite use; ex-

ceptions616.077 Oregon Health Authority rules; exception

SALE OF ADULTERATED, MISBRANDEDOR IMITATION FOODS

616.205 Definitions for ORS 616.205 to 616.385616.210 “Selling of food” construed616.215 Prohibited acts616.217 Restriction on labeling or selling food fish

product as halibut616.220 Injunction against violations of ORS

616.215616.225 Disposal of adulterated, misbranded, un-

sound or unsafe food or consumer com-modity

616.230 Definitions and standards; conformity tofederal regulations; rules

616.235 When food deemed adulterated; rules616.245 Adding poisonous or deleterious sub-

stance; rules616.250 When food deemed misbranded; rules616.256 Labeling exemption for foods to be re-

packaged; rules616.265 When advertisement deemed false616.270 Determining when label or advertisement

misleading616.275 Liability for dissemination of false adver-

tisement616.286 Inspection and investigation powers of

department616.295 Reports and information issuable by de-

partment616.305 District attorney to prosecute violations616.310 Notice or warning of minor violations616.315 Jurisdiction of courts616.320 Short title616.325 Consumer commodity labeling require-

ments; restrictions on consumer com-modity distribution; rulemaking;conformance to federal standards

616.330 Alcoholic beverage exemption616.333 Diethylstilbestrol use in food; label

Title 49 Page 1 (2009 Edition)

FOOD AND OTHER COMMODITIES

PESTICIDE CHEMICALS AND FOOD ADDITIVES

616.335 Definition for ORS 616.205 and 616.335 to616.385

616.341 Use of poisons, pesticides or food additivesrestricted

616.345 Rules governing use of pesticide chemicals616.350 Control of food additives; rules616.355 Enforcement procedure for violation of

ORS 616.341, 616.345 or 616.350616.360 Standards for rules616.366 Rules for use of poisons, pesticides, food

or color additives; matters to be consid-ered

616.380 Enforcement procedure for control of foodadditives

616.385 Public hearing required for rules

RESTAURANT NUTRITIONALINFORMATION DISCLOSURES

616.555 Definitions for ORS 616.555 to 616.585616.560 Determination of menu item typical val-

ues; provision of accurate information tocustomers

616.565 Calorie content information for combina-tion or multiserving items

616.570 Menus, menu boards and food tags; addi-tional information; disclaimer

616.575 Rules; typical values for alcoholic bever-ages

616.580 Inspections; notice and opportunity tocure violation; penalties

616.585 Local disclosure requirements prohibited616.590 Lack of cause of action or claim

SANITARY REGULATIONS FOR FOODAND FOOD ESTABLISHMENTS

616.695 Definitions for ORS 616.695 to 616.755616.700 Department to enforce sanitation re-

quirements for food and food establish-ments; rules

616.706 Licenses; sanctions; changes; posting;cancellation; fees

616.708 Additional users of establishment; fees;rules

616.711 Where licenses not required; when ORS616.695 to 616.755 not applicable

616.716 When inspection authorized; ORS 616.695to 616.755 in addition to other laws

616.721 Exemptions from ORS 616.695 to 616.755616.726 City regulation of food and food estab-

lishments authorized; department to ex-amine city regulation for adequacy

616.731 Deposit and use of fees and money616.735 When insanitary conditions exist616.740 Condemnation where insanitary condi-

tions exist616.745 Handling of food by diseased persons pro-

hibited; rules

616.750 Procedure where food handler suspectedof disease

616.755 Securing information from health officers

STANDARDS OF IDENTITY ANDQUALITY FOR OLIVE OIL

616.761 Standards of identity and quality for oliveoil; prohibition of imitation olive oil; rules

STANDARDS OF IDENTITY ANDQUALITY FOR FLOUR PRODUCTS

616.775 Definitions for ORS 616.775 to 616.790616.780 Standards of identity or quality for flours,

macaroni and noodle products616.785 Sale of unenriched flours, macaroni or

noodle products prohibited; certain pro-ducts exempted

616.790 Enforcement of ORS 616.775 to 616.790 bydepartment; inspection; sampling; failureto permit inspection; rules

OPEN DATE LABELING616.800 Short title616.805 Definitions for ORS 616.800 to 616.835 and

616.994616.810 Exemption for alcoholic beverages616.815 Open date labeling required for packaged

perishable food sold at retail616.820 Label required to be affixed to package

not later than time of delivery to retailseller

616.825 Sale of perishable food after expiration ofpull date prohibited; exceptions; time forremoval of packages with expired pulldates

616.830 Altering labels or using nonconforminglabels prohibited

616.835 Rulemaking authority

UNIT PRICING616.850 Definitions for ORS 616.850 to 616.890616.855 Items exempt from unit pricing require-

ments616.860 Unit pricing of packaged consumer com-

modities required; explanation to con-sumers

616.865 Temporary sale items exempt616.870 Prescribed pricing by units of measure-

ment616.875 Rules; retail establishments presumed

subject to unit pricing until exempted bydepartment

616.880 Written warning notice for minor vio-lation

616.890 Short title

PENALTIES616.992 General criminal penalty616.994 Criminal penalty for open date labeling

law violations616.997 Civil penalties; rules; hearing; disposition

of moneys


GENERAL AND MISCELLANEOUS PROVISIONS 616.073

616.005 [Repealed by 2003 c.14 §361]

ADMINISTRATION ANDENFORCEMENT OF FOOD, DRINK

AND SANITATION LAWS GENERALLY616.010 State Department of Agricul-

ture and Oregon Health Authority to ad-minister and enforce food laws. The dutyof administration and enforcement of all reg-ulatory legislation applying to:

(1) The production, processing and dis-tribution of all food products or commoditiesof agricultural origin shall, in addition tosuch further legislation as shall specificallyname the State Department of Agricultureas the administering agency, be performed bythe department to the exclusion of any otherdepartment not so specifically named.

(2) The sanitation of establishmentswhere food or drink is consumed on thepremises where sold, or to sanitary practicesused in such establishments, shall be per-formed by the Oregon Health Authority.[Amended by 1983 c.740 §230; 2009 c.595 §991]

616.015 Cooperation between OregonHealth Authority and State Departmentof Agriculture. In order to more effectivelyutilize the agencies of the state in the publicinterest and without unnecessary duplicationand expense, the relationship between theproduction, processing and distribution offood and the public health hereby is recog-nized. Therefore there shall be the fullestcooperation between the Oregon Health Au-thority and the State Department of Agricul-ture. [Amended by 2009 c.595 §992]

616.020 Surveys, investigations andinquiries by Oregon Health Authority. (1)In addition to any Oregon Health Authoritysurvey, investigation or inquiry authorizedby law that involves the production, process-ing or distribution of agricultural products,the authority shall make such further sur-veys, investigations or inquiries as may berequested by the Director of Agriculture forthe purpose of showing the manner in whichthe production, processing or distribution ofagricultural products may affect the publichealth.

(2) In order that maximum protection tothe public health may result from the activ-ities of the authority and the State Depart-ment of Agriculture, the authority shallnotify the Director of Agriculture in writingof any contemplated survey that affects ormay affect agricultural products that are un-der the regulation of the department. Thenotice shall cover in detail the scope of thesurvey under consideration, and the reasonstherefor. However, this section shall not beconstrued as prohibiting the authority fromtaking immediate action in any case where

such action seems necessary in the interestsof public health. The written notice is notrequired in the case of a survey instituted onthe request of the Director of Agriculture.

(3) Not less than 30 days after the com-pletion of any such survey, the authorityshall file with the Director of Agriculture acertified copy of its report. The report shallinclude the findings of the authority withrespect to all matters covered thereby.Whenever the findings in the report of anysurvey, investigation or inquiry made by theauthority show any hazard to public healthexisting incident to the production, process-ing or distribution of any agricultural com-modity, the State Department of Agricultureshall take such action as may be necessaryand within the scope of its resources to re-move such hazards. [Amended by 2001 c.900 §208;2003 c.14 §362; 2009 c.595 §993]

616.025 [Amended by 1953 c.686 §37; 1965 c.107 §1;1973 c.174 §17; repealed by 1973 c.227 §26]

616.030 [Repealed by 1953 c.686 §37]616.035 [Repealed by 1953 c.686 §37]616.040 [Repealed by 1953 c.686 §37]616.045 [Repealed by 1953 c.686 §37]616.050 [Repealed by 1953 c.686 §37]616.055 [Repealed by 1973 c.227 §26]616.060 [Repealed by 1973 c.227 §26]616.062 [Repealed by 1953 c.686 §37]

616.065 Certificate of analysis or testas evidence. The certificate of analysis ortest of any chemist, or other authorized offi-cer, employee or deputy of the State Depart-ment of Agriculture, signed and certified toby that person, is prima facie evidence in allcourts of justice of the matters and factscertified to therein.

616.070 [Repealed by 1973 c.227 §26]

REGULATION OF SULFITE USE616.073 Policy and prohibitions on

sulfite use; exceptions. (1) The LegislativeAssembly finds that sulfites used as an addi-tive in fresh foods and foods to be consumedwithout cooking may have already causedthe death of one Oregonian and may pose athreat to the health of thousands of Oregon-ians.

(2) The Legislative Assembly furtherfinds that the presence of sulfites in freshfoods and foods to be consumed withoutcooking is not readily detectable by consum-ers of the food.

(3) It is therefore the policy of the Stateof Oregon to protect its citizens from theadverse effects of sulfites by:

(a) Prohibiting the use of sulfites in freshfoods and foods to be consumed withoutcooking by any restaurant licensed under


616.077 FOOD AND OTHER COMMODITIES

ORS 624.010 to 624.121 and 624.310 to624.430; and

(b) Encouraging the use of an alternativeto sulfites in food processing.

(4) Subsection (3) of this section shall notprohibit the use or serving of grapes, towhich sulfites have been applied in accor-dance with the provisions of ORS chapters616 and 634, in facilities licensed under ORS624.010 to 624.121 and 624.310 to 624.430.[1985 c.519 §1; 1993 c.246 §1]

616.075 [Repealed by 1969 c.131 §5]

616.077 Oregon Health Authorityrules; exception. (1) The Oregon HealthAuthority shall adopt any rules necessary toimplement the policy established in ORS616.073.

(2) Rules adopted by the authority undersubsection (1) of this section to implementthe policy of the State of Oregon to prohibitthe use of sulfites in fresh foods and foods tobe consumed without cooking do not applyto a food processing establishment licensedunder ORS 616.695 to 616.755. [1985 c.519 §§2,3;2003 c.309 §7; 2009 c.595 §994]

616.080 [Amended by 1953 c.686 §37; 1965 c.107 §2;1973 c.174 §18; repealed by 1973 c.227 §26]

616.085 [Repealed by 1953 c.686 §37]616.090 [Repealed by 1973 c.227 §26]616.095 [Amended by 1953 c.66 §2; part renumbered

561.605 to 561.620; part renumbered as part of 561.625]616.100 [Renumbered as part of 561.625]616.110 [Renumbered 561.630]616.115 [Repealed by 1973 c.227 §26]616.120 [Repealed by 1973 c.227 §26]

SALE OF ADULTERATED,MISBRANDED OR IMITATION FOODS

616.205 Definitions for ORS 616.205 to616.385. As used in ORS 616.205 to 616.385,unless the context clearly indicates a differ-ent meaning:

(1) “Advertisement” includes all repres-entations disseminated in any manner or byany means, other than by labeling, for thepurpose of inducing, or which are likely toinduce, directly or indirectly, the purchaseof the food.

(2) “Color” includes black, white andintermediate grays.

(3)(a) “Color additive” means a materialthat:

(A) Is a dye, pigment, or other substancemade by a process of synthesis or similar ar-tifice, or extracted, isolated, or otherwise de-rived, with or without intermediate or finalchange of identity, from a vegetable, animal,mineral, or other source; or

(B) When added or applied to a food orto the human body or any part thereof, is

capable, alone or through reaction withother substance, of imparting color thereto.

(b) “Color additive” does not include anymaterial that has been exempted under thefederal Act.

(c) Notwithstanding paragraph (a) of thissubsection, “color additive” does not includeany pesticide chemical, soil or plant nutrient,or other agricultural chemical solely becauseof its effect in aiding, retarding or otherwiseaffecting, directly or indirectly, the growthor other natural physiological process ofproduce of the soil and thereby affecting itscolor, whether before or after harvest.

(4) “Consumer commodity” means anyfood as defined by ORS 616.205 to 616.215,616.225 to 616.256, 616.286, 616.295, 616.310,616.315, 616.325, 616.330, 616.341, 616.350 to616.366, 616.790 and 616.992 or by the federalAct.

(5) “Contaminated with filth” means thecondition of any food not securely protectedfrom dust, dirt and, as far as may be neces-sary by all reasonable means, from all for-eign or injurious substances.

(6) “Director” means the Director of Ag-riculture.

(7) “Federal Act” means the FederalFood, Drug and Cosmetic Act, 21 U.S.C. 301et seq., 52 Stat. 1040 et seq.

(8) “Food” means:(a) Articles used for food or drink, in-

cluding ice, for human consumption or foodfor dogs and cats;

(b) Chewing gum; and(c) Articles used for components of any

such article.(9) “Food additive” means any substance

the intended use of which results or mayreasonably be expected to result, directly orindirectly, in its becoming a component orotherwise affecting the characteristics of anyfood, including any substance intended foruse in producing, manufacturing, packing,processing, preparing, treating, packaging,transporting, or holding food, and includingany source of radiation intended for any suchuse, if such substance is not generally re-cognized, among experts qualified by scien-tific training and experience to evaluate itssafety, as having been adequately shownthrough scientific procedures or experiencebased on common use in food to be safe un-der the conditions of its intended use. “Foodadditive” does not include:

(a) A pesticide chemical in or on a rawagricultural commodity;

(b) A pesticide chemical to the extentthat it is intended for use, or is used in the



production, storage or transportation of anyraw agricultural commodity; or

(c) A color additive.(10) “Food establishment” means:(a) Any room, building, structure or

place, used or intended for use, or operatedfor storing, preparing, compounding, manu-facturing, processing, freezing, packaging,distributing, handling or displaying food.

(b) The ground upon which such place orbusiness is operated or used and so muchground adjacent thereto as is also used incarrying on the business of the establish-ment. The State Department of Agriculturemay prescribe such additional area or placeswhich, although they may not be contiguousor adjacent to the above area or establish-ment, may be included therein.

(c) Vehicles, machinery, equipment,utensils, tools, fixtures, implements and allother articles or items, used in operating orcarrying on the business of a food establish-ment.

(11) “Immediate container” does not in-clude package liners.

(12) “Label” means a display of written,printed or graphic matter upon the immedi-ate container of any article. A requirementmade under authority of ORS 616.205 to616.215, 616.225 to 616.256, 616.286, 616.295,616.310, 616.315, 616.325, 616.330, 616.341,616.350 to 616.366, 616.790 and 616.992 thatany word, statement or other informationappears on a label has not been obeyed un-less such word, statement or other informa-tion also appears on the outside container orwrapper, if any there be, of the retail pack-age of such article or unless such word,statement or information is easily legiblethrough the outside container or wrapper.

(13) “Labeling” means all labels andother written, printed or graphic mattersupon an article or any of its containers orwrappers, or accompanying such article.

(14) “Package” means any container orwrapping in which any consumer commodityis enclosed for use in the delivery or displayof that consumer commodity to retail pur-chasers, but does not include:

(a) Shipping containers or wrappingsused solely for the transportation of anyconsumer commodity in bulk or in quantityto manufacturers, packers or processors, orto wholesale or retail distributors thereof; or

(b) Shipping containers or outer wrap-pings used by retailers to ship or deliver anycommodity to retail customers if such con-tainers and wrappings bear no printed matterpertaining to any particular commodity.

(15) “Pesticide chemical” means any sub-stance which, alone, in chemical combination

or in formulation with one or more othersubstances is a “pesticide” as defined in ORS634.006.

(16) “Principal display panel” means thatpart of a label that is most likely to be dis-played, presented, shown or examined undernormal and customary conditions of displayfor retail sale.

(17) “Raw agricultural commodity” meansany food in its raw or natural state, includ-ing all fruits that are washed, colored, orotherwise treated in their unpeeled naturalform prior to marketing. [Amended by 1961 c.637§1; 1973 c.227 §1; 1983 c.160 §2; 1983 c.740 §231; 1987 c.158§120a; 2001 c.320 §2; 2003 c.14 §§363,364]

616.210 “Selling of food” construed.The provisions of ORS 616.205 to 616.295 re-garding the selling of food include the man-ufacture, production, processing, packing,exposure, offer, possession and holding of anysuch article for sale; and the sale, dispensingand giving of any such article, and the sup-plying or applying of any such articles in theconduct of any food establishment. [Amendedby 1973 c.227 §2]

616.215 Prohibited acts. The followingacts and the causing thereof within the Stateof Oregon are prohibited:

(1) The manufacture, sale or delivery,holding or offering for sale of any food thatis adulterated or misbranded.

(2) The adulteration or misbranding ofany food.

(3) The receipt in commerce of any foodthat is adulterated or misbranded, and thedelivery or proffered delivery thereof for payor otherwise.

(4) The distribution in commerce of aconsumer commodity if such commodity iscontained in a package, or if there is affixedto that commodity a label, which does notconform to ORS 616.205 to 616.215, 616.225to 616.256, 616.286, 616.295, 616.310, 616.315,616.325, 616.330, 616.341, 616.350 to 616.366,616.790 and 616.992 and of rules promulgatedpursuant thereto. However, this prohibitiondoes not apply to persons engaged in busi-ness as wholesale or retail distributors ofconsumer commodities except to the extentthat such persons:

(a) Are engaged in the packaging or la-beling of such commodities; or

(b) Prescribe or specify by any means themanner in which such commodities arepackaged or labeled.

(5) The dissemination of any false adver-tisement.

(6) The refusal to permit entry or inspec-tion, or to permit the taking of a sample, orto permit access to or the copying of any re-cord, as authorized.



(7) The giving of a guaranty or under-taking which is false, except by a person whorelied on a guaranty or undertaking to thesame effect signed by, and containing thename and address of the person from whomthe person received in good faith the food.

(8) The removal or disposal of a detainedor embargoed article in violation of ORS616.225.

(9) The alteration, mutilation, de-struction, obliteration or removal of thewhole or any part of the labeling of, or thedoing of any other act with respect to a food,if such act is done while such article is heldfor sale and results in such article beingadulterated or misbranded.

(10) Forging, counterfeiting, simulatingor falsely representing, or without properauthority using any mark, stamp, tag, labelor other identification device authorized orrequired by rules promulgated under theprovisions of ORS 616.205 to 616.295 and616.305 to 616.315.

(11) The use by any person to the per-son′s own advantage, or disclosure, otherthan to the Director of Agriculture or theauthorized representative of the director orto the courts when relevant in any judicialproceeding under ORS 616.205 to 616.385, ofany information acquired under the authorityof ORS 616.205 to 616.385 concerning anymethod or process which is a trade secretentitled to protection. [Amended by 1973 c.227 §3;2001 c.320 §3]

616.217 Restriction on labeling or sell-ing food fish product as halibut. No per-son shall label or offer for sale any food fishproduct designated as halibut, with or with-out additional descriptive words, unless suchfood fish product is Hippoglossus hippo-glossus or Hippoglossus stenolepsis. [1967 c.413§2]

616.220 Injunction against violationsof ORS 616.215. In addition to the remediesprovided by ORS 616.205 to 616.295, the StateDepartment of Agriculture or its authorizedagents may apply to the circuit court for,and such court shall have jurisdiction uponhearing and for cause shown to grant, atemporary or permanent injunction restrain-ing any person from violating any provisionof ORS 616.215, irrespective of whether ornot there exists an adequate remedy at law.

616.225 Disposal of adulterated, mis-branded, unsound or unsafe food or con-sumer commodity. (1) Whenever a dulyauthorized representative of the State De-partment of Agriculture finds, or has proba-ble cause to believe, that any food orconsumer commodity is adulterated, or somisbranded as to be dangerous or fraudulent,within the meaning of ORS 616.205 to

616.295, the representative shall affix to sucharticle a tag or other appropriate marking,giving notice that such article is, or is sus-pected of being adulterated or misbrandedand has been detained, embargoed or seized,and warning all persons not to remove ordispose of such article by sale or otherwiseuntil permission for removal or disposal isgiven by an authorized representative of thedepartment. No person shall remove or dis-pose of such detained, embargoed or seizedarticle by sale or otherwise without permis-sion of the department.

(2) Whenever the department or any ofits authorized representatives finds in anyroom, building, vehicle of transportation, orother structure, any meat, fluid milk, dairyproduct, seafood, poultry, vegetable, fruit orother perishable articles which are unsound,or contain any filthy, decomposed or putridsubstance, or that may be poisonous or dele-terious to health or otherwise unsafe, thesame hereby being declared a nuisance, thedepartment or its authorized representativeforthwith shall condemn or destroy the same,or in any other manner render it unsalableas human food.

(3) The department shall carry out theprovisions of this section as provided in ORS561.605 to 561.630. [Amended by 1973 c.227 §4]

616.230 Definitions and standards;conformity to federal regulations; rules.(1) The State Department of Agriculture, byrule, shall establish definitions and standardsof identity, quality and fill of container forthe State of Oregon. In carrying out theprovisions of this subsection, the departmentshall take into consideration definitions andstandards established in other states and de-finitions and standards established pursuantto the federal Act.

(2) Whenever in the judgment of the de-partment such action will promote honestyand fair dealing in the interest of consumers,the department shall promulgate rules estab-lishing definitions and standards of identity,quality and fill of container for foods forwhich no such definitions or standards havebeen established under the federal Act. Inaddition, the department may promulgaterules supplementing or amending any ruleunder the federal Act which sets definitionsand standards of identity, quality and fill ofcontainer for foods.

(3) Temporary permits for interstateshipment of experimental packs of food vary-ing from the requirements of definitions andstandards of identity under the federal Actare effective in this state under the condi-tions stated in such permits. In addition, thedepartment may issue additional permitswhen such permits are determined by thedepartment to be necessary to the completion



or conclusiveness of an otherwise adequateinvestigation and when the interests of con-sumers are safeguarded. Such permits shallbe subject to any terms and conditions thedepartment may prescribe. [Amended by 1973c.227 §5; 1975 c.304 §5]

616.235 When food deemed adulter-ated; rules. A food shall be deemed to beadulterated:

(1)(a) If it bears or contains any poison-ous or deleterious substance which may ren-der it injurious to health. However, if thesubstance is not an added substance suchfood shall not be considered adulterated un-der this paragraph if the quantity of suchsubstance in such food does not ordinarilyrender it injurious to health.

(b) If it bears or contains any added poi-sonous or added deleterious substance, otherthan a pesticide chemical in or on a raw ag-ricultural commodity and other than a foodadditive or color additive, which is unsafewithin the meaning of ORS 616.245, or it isa raw agricultural commodity and it bearsor contains a pesticide chemical which isunsafe within the meaning of ORS 616.341 orif it is, bears or contains any food additivewhich is declared unsafe by the State De-partment of Agriculture under ORS 616.350.However, when a pesticide chemical hasbeen used in or on a raw agricultural com-modity in conformity with an exemptiongranted or tolerance prescribed under ORS616.341, and such raw agricultural commod-ity has been subjected to processing, such ascanning, cooking, freezing, dehydrating ormilling, the residue of such pesticide chemi-cal remaining in or on such processed food,notwithstanding ORS 616.341 and this sec-tion are not unsafe if such residue in or onthe raw agricultural commodity has been re-moved to the extent possible in good manu-facturing practice, and the concentration ofsuch residue in the processed food whenready-to-eat, is not greater than the toler-ance prescribed for the raw agriculturalcommodity.

(c) If it consists in whole or in part of adiseased, contaminated, filthy, putrid or de-composed substance, or if it is otherwise un-fit for food.

(d) If it has been produced, prepared,packed or held under insanitary conditionswhereby it may have become contaminatedwith filth, or whereby it may have been ren-dered diseased, unwholesome or injurious tohealth.

(e) If it is, in whole or in part, the prod-uct of a diseased animal or an animal whichhas died otherwise than by slaughter, or thathas been fed upon the uncooked offal from aslaughterhouse.

(f) If its container is composed, in wholeor in part, of any poisonous or deleterioussubstance which may render the contentsinjurious to health.

(2)(a) If any valuable constituent hasbeen in whole or in part omitted or ab-stracted therefrom;

(b) If any substance has been substitutedwholly or in part therefor;

(c) If damage or inferiority has been con-cealed in any manner; or

(d) If any substance has been addedthereto or mixed or packed therewith so asto increase its bulk or weight, or reduce itsquality or strength or make it appear betteror of greater value than it is.

(3)(a) If it is confectionery and has par-tially or completely imbedded therein anynonnutritive object. This paragraph does notapply in the case of any nonnutritive objectif, in the judgment of the department, suchobject is of some practical functional valueto the confectionery product and would notrender the product injurious or hazardous tohealth.

(b) If it bears or contains any alcoholexcept alcohol not in excess of one-half ofone percent by weight used solely as a fla-voring.

(c) If it bears or contains anynonnutritive substance. This paragraph doesnot apply to a nonnutritive substance whichis in or on confectionery if, in the judgmentof the department, its use is of some practi-cal functional value in the manufacture,packaging or storing of such confectioneryand if the use of such substance does notpromote deception of the consumer or other-wise result in adulteration or misbranding inviolation of any provision of ORS 616.205 to616.215, 616.225 to 616.256, 616.286, 616.295,616.310, 616.315, 616.325, 616.330, 616.341,616.350 to 616.366, 616.790 and 616.992. Thedepartment, for the purpose of avoiding un-certainty in the application of this subsec-tion, may promulgate rules allowing orprohibiting the use of particular nonnutritiveobjects or substances.

(d) If it bears or contains any color addi-tive which is determined unsafe pursuant toORS 616.350. [Amended by 1959 c.301 §1; 1961 c.637§2; 1973 c.227 §6; 1983 c.304 §1]

616.240 [Repealed by 1965 c.501 §10]

616.245 Adding poisonous or deleteri-ous substance; rules. Any poisonous ordeleterious substance, other than a pesticide,added to any food except when the substanceis required in the production thereof or can-not be avoided by good manufacturing prac-tice shall be deemed to be unsafe forpurposes of the application of ORS 616.235(1)(b). When the substance is so required or



cannot be so avoided, the State Departmentof Agriculture shall adopt rules limiting thequantity of the substance to the extent thedepartment finds necessary for the protectionof public health, and any quantity exceedingthe limits so fixed shall also be deemed to beunsafe for purposes of the application of ORS616.235 (1)(b). While such a rule is in effectlimiting the quantity of any such substancein the case of any food, the food is not, byreason of bearing or containing any addedamount of such substance, considered to beadulterated within the meaning of ORS616.235 (1)(a). In determining the quantity ofthe added substance to be tolerated in or ondifferent articles of food, the departmentshall take into account the extent to whichthe use of the substance is required or can-not be avoided in the production of each ar-ticle and the other ways in which theconsumer may be affected by the same orother poisonous or deleterious substances.[Amended by 1973 c.227 §7; 2005 c.22 §412]

616.250 When food deemed mis-branded; rules. A food shall be deemed tobe misbranded:

(1) If its labeling is false or misleading inany particular, or fails to conform to ORS616.325.

(2) If it is offered for sale under the nameof another food.

(3) If it is an imitation of another food,unless its label bears in type of uniform sizeand prominence the word “imitation” and,immediately thereafter, the name of the foodimitated.

(4) If its container is so made, formed orfilled as to be misleading.

(5) If in package form:(a) Unless it bears a label containing:(A) The name and place of business of

the manufacturer, packer or distributor; and(B) An accurate statement of the net

quantity of the contents in terms of weight,measure, volume or numerical count. Thestatement shall be separately and accuratelystated upon the principal display panel of thelabel.

(b) The same reasonable variations al-lowed in ORS chapter 618 shall be permitted.

(c) Exemptions as to small packages shallbe established by rules promulgated by theState Department of Agriculture.

(6) If any word, statement or other infor-mation required by or under authority ofORS 616.205 to 616.295 to appear on the labelor labeling is not prominently placed thereonwith such conspicuousness, as compared withother words, statements, designs or devices,in the labeling, and in such terms as to ren-der it likely to be read and understood by the

ordinary individual under customary condi-tions of purchase and use.

(7) If it purports to be or is representedas a food for which a definition and standardof identity has been prescribed by rule asprovided by ORS 616.230, unless it conformsto such definition and standard and its labelbears the name of the food specified in thedefinition and standard, and, in so far as maybe required by such rule, the common namesof optional ingredients, other than spices,flavoring and coloring present in such food.

(8) If it purports to be or is representedas a food for which a standard of quality hasbeen prescribed by rule as provided by ORS616.230 and its quality falls below the stan-dards such rule specifies, a statement that itfalls below such standard.

(9) If it is a food for which a standard orstandards of fill of container have been pre-scribed by rule as provided by ORS 616.230,and it falls below the standard of fill of con-tainer applicable thereto, unless its labelbears, in such manner and form as such rulespecifies, a statement that it falls below suchstandard.

(10) If it is not subject to the provisionsof subsection (7) of this section, unless itslabel bears:

(a) The common or usual name of thefood, if any there be; and

(b) In case it is fabricated from two ormore ingredients, the common or usual nameof each such ingredient.However, spices, flavorings and colorings,other than those sold as such, may be desig-nated as spices, flavorings and colorings,without naming them. To the extent thatcompliance with the requirements of para-graph (b) of this subsection is impractical orresults in deception or unfair competition,exemptions shall be established by rule pro-mulgated by the department.

(11) If it purports to be or is representedfor special dietary uses, unless its label bearssuch information concerning its vitamin,mineral and other dietary properties as thedepartment determines to be, and by ruleprescribed as, necessary in order to fully in-form purchasers as to its value for such uses.

(12) If it bears or contains any artificialflavoring, artificial coloring or chemicalpreservative, unless it bears labeling statingthat fact. To the extent that compliance withthe requirements of this subsection is im-practicable, exemptions shall be establishedby rule promulgated by the department. Thissubsection and subsections (7) and (10) ofthis section with respect to artificial coloringdo not prohibit the use of harmless coloringmatter in butter, cheese or ice cream. Theprovisions of this subsection with respect to



chemical preservatives do not apply to apesticide chemical when used in or on a rawagricultural commodity which is the productof the soil.

(13) If it is a raw agricultural commoditywhich is the product of the soil, bearing orcontaining a pesticide chemical applied afterharvest, unless the shipping container ofsuch commodity bears labeling which de-clares the presence of such chemical in oron such commodity and the common or usualname and the function of such chemical.However, no such declaration is requiredwhile such commodity, having been removedfrom the shipping container, is being held ordisplayed for sale at retail out of such con-tainer in accordance with the custom of thetrade.

(14) If following the labeled directions orinstructions on the product in using it as afood ingredient will result in the final foodbeing adulterated or misbranded.

(15) If it is a color additive, unless itspackaging and labeling are in conformitywith the packaging and labeling require-ments applicable to such color additive pre-scribed under the provisions of the federalAct.

(16) If it has been salvaged, unless itbears labeling or notification stating thatfact. For the purposes of this subsection,“salvaged” means the reconditioning, re-packing, relabeling, cleaning or culling offoods that have been damaged or adulteratedas a result of fire, storm, flood, water, smoke,chemicals, radiation or commercial transitaccident. [Amended by 1953 c.267 §2; 1973 c.227 §8;1973 c.563 §1; 1983 c.740 §232; 1989 c.1025 §9; 2001 c.320§4]

616.255 [Repealed by 1973 c.227 §9 (616.256 enactedin lieu of 616.255)]

616.256 Labeling exemption for foodsto be repackaged; rules. The State Depart-ment of Agriculture may by rule exempt fromany of the labeling requirements of ORS616.205 to 616.385, food which is, in accor-dance with the practice of the trade, to beprocessed, labeled or repacked in substantialquantities at establishments other than thosewhere originally processed or packed. Suchexemptions shall be conditioned upon thefact that such food is not adulterated ormisbranded under the provisions of ORS616.205 to 616.385, upon the removal fromsuch processing, labeling or repacking estab-lishment. [1973 c.227 §10 (enacted in lieu of 616.255);2001 c.320 §5]

616.260 [Repealed by 1973 c.227 §26]

616.265 When advertisement deemedfalse. An advertisement of a food shall bedeemed to be false if it is false or misleadingin any particular.

616.270 Determining when label or ad-vertisement misleading. If any article isalleged to be misbranded because the label-ing is misleading, or if any advertisement isalleged to be false because it is misleading,then in determining whether the labeling oradvertisement is misleading, there shall betaken into account, among other things, notonly representations made or suggested bystatement, word, design, device, sound or inany combination thereof, but also the extentto which the labeling or advertisement failsto reveal facts material in the light of suchrepresentations or material with respect toconsequences which may result from the useof the article to which the labeling or adver-tisement relates under the conditions of useprescribed in the labeling or advertisementthereof or under such conditions of use asare customary or usual.

616.275 Liability for dissemination offalse advertisement. No publisher, radiobroadcast licensee or agency or medium forthe dissemination of an advertisement, ex-cept the manufacturer, packer, distributor orseller of the article to which a false adver-tisement relates, is liable under this sectionby reason of the dissemination by the pub-lisher, licensee or agency or medium of suchfalse advertisement, unless the publisher, li-censee or agency or medium has refused, onthe request of the State Department of Agri-culture, or its authorized representative, tofurnish the department the name and post-office address of the manufacturer, packer,distributor, seller or advertising agency whocaused the publisher, licensee or agency ormedium to disseminate the advertisement.

616.280 [Repealed by 1961 c.637 §17]616.285 [Repealed by 1973 c.227 §11 (616.286 enacted

in lieu of 616.285)]

616.286 Inspection and investigationpowers of department. (1) For purposes ofenforcement of ORS 616.205 to 616.385, theState Department of Agriculture or any of itsauthorized representatives are authorizedupon presentation of appropriate credentialsto the owner, operator or agent in charge:

(a) To enter at reasonable times any foodestablishment or warehouse in which food isbeing held for introduction into commerce orvehicle being used to transport, hold or in-troduce such food in commerce.

(b) To inspect at reasonable times andwithin reasonable limits such food establish-ment, warehouse or vehicle and all pertinentequipment, finished and unfinished materials,containers and labeling therein, and to ob-tain samples necessary to the enforcementof ORS 616.205 to 616.385.

(c) To have access to and to copy all re-cords of carriers in commerce showing themovement in commerce of any food or the



holding thereof during or after such move-ment, and the quantity, shipper and con-signee thereof. Evidence obtained under theauthority of this paragraph may not be usedin a criminal prosecution of the person fromwhom obtained and carriers are not subjectto other provisions of ORS 616.205 to 616.385by reason of their receipt, carriage, holdingor delivery of food in the usual course ofbusiness as carriers.

(d) To enter at reasonable times any re-tail food establishment holding a valid liquorlicense to insure that the retail establish-ment properly posts the sign required byORS 471.551.

(2) Upon completion of any inspection ofa food establishment, warehouse or vehicle,and prior to leaving the premises, the au-thorized representative of the departmentmaking the inspection shall furnish to theowner, operator or agent in charge a writtenreport setting forth any conditions or prac-tices observed by such representatives whichin the judgment of the representative indi-cate that any food in such establishment,warehouse or vehicle:

(a) Consists in whole or in part of anyfilthy, putrid or decomposed substance; or

(b) Has been prepared, packed or held, inwhole or in part, under insanitary conditionswhereby it may have become contaminatedwith filth or whereby it may have been ren-dered injurious to health.

(3) If the authorized representative of thedepartment making any inspection of a foodestablishment, warehouse or vehicle has ob-tained samples in the course of such inspec-tion, upon completion of the inspection andprior to leaving the premises, the represen-tative shall furnish to the owner, operator oragent in charge a receipt describing thesamples obtained, and shall tender or offerpayment therefor.

(4) If samples are obtained as provided insubsection (3) of this section, and analysesare made of such samples for the purpose ofascertaining whether such food consists inwhole or in part of any filthy, putrid or de-composed substance or is otherwise unfit forfood, a copy of the results of such analysesshall be furnished by the department to theowner, operator or agent in charge. [1973 c.227§12 (enacted in lieu of 616.285); 1991 c.324 §7; 2001 c.320§6]

616.290 [Repealed by 1973 c.227 §26]

616.295 Reports and informationissuable by department. (1) The State De-partment of Agriculture may cause to bepublished from time to time reports summa-rizing all judgments and court orders whichhave been rendered under ORS 616.205 to616.295, 616.305 to 616.315, and 616.992, in-

cluding the nature of the charge and thedisposition thereof.

(2) The department also may cause to bedisseminated such information regarding foodas the department deems necessary in theinterest of public health and the protectionof the consumer against fraud.

(3) Nothing in this section shall be con-strued to prohibit the department from col-lecting, reporting and illustrating the resultsof its investigations. [Amended by 1973 c.227 §13;2003 c.576 §525]

616.300 [Repealed by 1953 c.686 §37]

616.305 District attorney to prosecuteviolations. The district attorney of eachcounty to whom the State Department ofAgriculture or its authorized representativereports any violation of ORS 616.205 to616.295 or 616.305 to 616.315 shall cause ap-propriate proceedings to be instituted in theproper courts without delay and to be prose-cuted in the manner required by law.

616.310 Notice or warning of minorviolations. Nothing in ORS 616.205 to616.295, 616.305 to 616.315 and 616.992 shallbe construed as requiring the State Depart-ment of Agriculture to report for the insti-tution of proceedings under those sectionsminor violations of those sections wheneverthe department believes that the public in-terest will be served adequately in the cir-cumstances by a suitable written notice orwarning. [Amended by 1973 c.227 §14]

616.315 Jurisdiction of courts. Justicecourts have concurrent jurisdiction with thecircuit courts for the enforcing of the pro-visions of ORS 616.205 to 616.295, 616.305 to616.315 and 616.992. [Amended by 1973 c.227 §15]

616.320 Short title. ORS 616.205 to616.385 may be cited as the Oregon FoodLaw. [Amended by 2001 c.320 §7]

616.325 Consumer commodity labelingrequirements; restrictions on consumercommodity distribution; rulemaking;conformance to federal standards. (1) Alllabels of consumer commodities shall con-form to such requirements for the declara-tion of net quantity of contents as the StateDepartment of Agriculture by rule may pre-scribe. In carrying out the provisions of thissubsection, the department shall consider therequirements and exemptions provided in thefederal Fair Packaging and Labeling Act, 15U.S.C. 1451, et seq., as amended, and therules promulgated pursuant thereto.

(2) The label of any package of a con-sumer commodity which bears a represen-tation as to the number of servings of suchcommodity contained in such package shallbear a statement of the net quantity, interms of weight, measure or numerical count,of each such serving.



(3) No person shall distribute or cause tobe distributed in commerce any packagedconsumer commodity if any qualifying wordsor phrases appear in conjunction with theseparate statement of the net quantity ofcontents required by subsection (1) of thissection, but nothing in this subsection pro-hibits supplemental statements, at otherplaces on the package, describing in nonde-ceptive terms the net quantity of contents.Such supplemental statements of net quan-tity of contents shall not include any termqualifying a unit of weight, measure or countthat tends to exaggerate the amount of thecommodity contained in the package.

(4) Whenever the department determinesthat rules containing prohibitions or re-quirements other than those prescribed bysubsection (1) of this section are necessaryto prevent the deception of consumers or tofacilitate value comparisons as to any con-sumer commodity, the department shall pro-mulgate rules with respect to thatcommodity which:

(a) Establish and define standards for thecharacterization of the size of a package en-closing any consumer commodity, which maybe used to supplement the label statement ofnet quantity of contents of packages con-taining such commodity. This paragraphshall not be construed as authorizing anylimitation on the size, shape, weight, dimen-sions or number of packages which may beused to enclose any commodity;

(b) Regulate the placement upon anypackage containing any consumer commodityor upon any label affixed to such commodity,of any printed matter stating or representingby implication that such commodity is of-fered for retail sale at a price lower than theordinary and customary retail sale or that aretail sale price advantage is accorded topurchasers thereof by reason of the size ofthat package or the quantity of its contents;

(c) Require that the label on each pack-age of a consumer commodity bear the com-mon or usual name of such consumercommodity, if any, and in case such con-sumer commodity consists of two or moreingredients, the common or usual name ofeach such ingredient listed in order of de-creasing predominance. However, nothing inthis paragraph requires that any trade secretbe divulged; or

(d) Prevent the nonfunctional slack-fill ofpackages containing consumer commodities.

(5) For the purposes of subsection (4)(d)of this section, a package is nonfunctionallyslack-filled if it is filled to substantially lessthan its capacity for reasons other than pro-tection of the contents of such package orthe requirements of machines used for en-closing the contents in such package. The

department may adopt any rules promulgatedby the federal government pursuant to thefederal Fair Packaging and Labeling Act, 15U.S.C. 1451, et seq. [1973 c.227 §24; 1975 c.304 §15]

616.330 Alcoholic beverage exemption.ORS 616.205 to 616.215, 616.225 to 616.256,616.286, 616.295, 616.310, 616.315, 616.325,616.341, 616.350 to 616.366, 616.790, 616.992,rules adopted by the Oregon Health Author-ity under ORS 616.077 (1) and this section donot apply to alcoholic beverages. [1973 c.227§25a; 1985 c.519 §4; 2009 c.595 §995]

Note: 616.330 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 616 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

616.333 Diethylstilbestrol use in food;label. (1) A retail or wholesale food distribu-tor shall place a warning label on food con-taining diethylstilbestrol.

(2) The label shall state:__________________________________________

WARNING: This product containsdiethylstilbestrol (DES), a synthetic hor-mone. Studies associate consumption of DESwith vaginal cancer and male genital abnor-malities.__________________________________________

(3) As used in this section, “food” meansfruits, vegetables, meats, poultry, eggs, dairyproducts and other natural and processedproducts offered for sale for human or animalconsumption. [1979 c.268 §4]

PESTICIDE CHEMICALS AND FOOD ADDITIVES

616.335 Definition for ORS 616.205 and616.335 to 616.385. As used in ORS 616.205and 616.335 to 616.385, “experts qualified byscientific training and experience to evaluatethe safety of food additives” or similarphrases mean individuals with sufficienttraining and experience in biology, medicine,pharmacology, physiology, toxicology, veteri-nary medicine or other appropriate sciencesto recognize and properly evaluate the be-havior and effects of chemical substancesupon the body of humans or animals whensuch substances are taken into the body asfood additives. [1961 c.637 §14]

616.340 [1961 c.637 §4; repealed by 1973 c.227 §16(616.341 enacted in lieu of 616.340)]

616.341 Use of poisons, pesticides orfood additives restricted. Any added poi-sonous or deleterious substance, any foodadditive, any pesticide chemical in or on araw agricultural commodity or any color ad-ditive, with respect to any particular use orintended use, shall be considered unsafe forthe purpose of application of ORS 616.235



unless there is in effect a rule promulgatedpursuant to ORS 616.366 limiting the quan-tity of such substance, and the use or in-tended use of such substance conforms to theterms prescribed by such rule. While suchrule relating to such substance is in effect,a food shall not, by reason of bearing orcontaining such substance in accordancewith the rule, be considered adulteratedwithin the meaning of ORS 616.235. [1973 c.227§17 (enacted in lieu of 616.340)]

616.345 Rules governing use of pesti-cide chemicals. (1) The State Departmentof Agriculture shall promulgate rules estab-lishing tolerances for pesticide chemicals orexempting them from the necessity of a tol-erance as provided by ORS 616.341 with re-spect to the presence in or on rawagricultural commodities of poisonous ordeleterious pesticide chemicals and of pesti-cide chemicals that are not generally recog-nized, among experts qualified by scientifictraining and experience to evaluate thesafety of pesticide chemicals, as safe for use,to the extent necessary to protect the publichealth. In promulgating such rules, or rulesauthorized by ORS 616.355, the departmentshall give appropriate consideration to butnot be limited by:

(a) The necessity for the production of anadequate wholesome and economic food sup-ply.

(b) The other ways in which the con-sumer may be affected by the same pesticidechemical or by other related substances thatare poisonous or deleterious.

(c) The laws and regulations of theUnited States and other states.

(d) The opinions of recognized expertsand governmental agencies in the field ofpesticide chemicals.

(2) The department shall promulgaterules exempting any pesticide chemical fromthe necessity of a tolerance with respect touse in or on all raw agricultural commoditieswhen such tolerance is not necessary to pro-tect the public health.

(3) Any person who has registered, orwho has submitted an application for theregistration of, an economic poison or pesti-cide with the department as required by law,may file with the department a petition asauthorized by ORS chapter 183, proposingthe promulgation of a rule establishing atolerance for a pesticide chemical that con-stitutes, or is an ingredient of, such eco-nomic poison or pesticide, or exempting thepesticide chemical from the requirement of atolerance. The petition shall contain datashowing:

(a) The name, chemical identity andcomposition of the pesticide chemical;

(b) The amount, frequency and time ofapplication of the pesticide chemical;

(c) Full reports of investigations madewith respect to the safety of the pesticidechemical;

(d) The results of tests on the amount ofresidue remaining, including a description ofthe analytical method used;

(e) Practicable methods of removing resi-due that exceeds any proposed tolerance;

(f) Proposed tolerances for the pesticidechemical if tolerances are proposed; and

(g) Reasonable grounds in support of thepetition. Samples of the pesticide chemicalshall be furnished to the department uponrequest. [1961 c.637 §5; 1975 c.304 §16; 2007 c.71 §183]

616.350 Control of food additives;rules. The State Department of Agriculture,for the protection of the health and life ofanimals or the people of this state, may takemeasures to control, limit or prohibit the useor intended use, or the presence of food ad-ditives. It may promulgate rules relatingthereto. Such rules may prescribe for anyreason as set forth in this section, that anyfood additive is unsafe within the meaningof ORS 616.235 (1)(b). In promulgating rulesunder the provisions of this section the au-thority of the department includes:

(1) Providing for an exemption from theoperation of ORS 616.335 to 616.385 of theuse or intended use of a specific food addi-tive.

(2) Prescribing, with respect to one ormore proposed uses of the food additive in-volved, the conditions under which such ad-ditive may be safely used including but notlimited to, specifications as to the particularfood or classes of food in or in which suchadditive may be used, the maximum quantitywhich may be used or permitted to remain inor on such food, the manner in which suchadditive may be added to or used in or onsuch food, and any directions or other label-ing or packaging requirements for such addi-tive deemed necessary to assure the safetyof such use.

(3) Establishing and prescribing toler-ances, if appropriate, to assure that the pro-posed use of a food additive will be safe. Thedepartment shall not:

(a) Fix such tolerance limitation at alevel higher than it finds to be reasonablyrequired to accomplish the physical or othertechnical effect for which such additive isintended.

(b) Establish a rule for such proposed useif it finds upon a fair evaluation of the databefore it, that such data does not establishthat such use would accomplish the intendedphysical or other technical effect.



(4) Prescribing for the exemption fromthe requirements of this section any food ad-ditive, and any food bearing or containingsuch additive, intended solely forinvestigational use by qualified experts whenin the opinion of the department, such ex-emption is consistent with the public health.[1961 c.637 §8; 1973 c.227 §18]

616.355 Enforcement procedure for vi-olation of ORS 616.341, 616.345 or 616.350.(1) Whenever the State Department of Agri-culture determines under the provisions ofORS 616.341, 616.345 or 616.350 the fact thata product or food does or may seriously en-danger or affect the health or life of animalsor people, by reason of the addition to or theapplication of a pesticide chemical or otherpoisonous or dangerous chemical, substanceor material in or on such product or food,the department is authorized and is directedto take or carry out any measure, action orprocedure necessary for the protection of thehealth or life of animals or people.

(2) The order, rules promulgated there-under or amendments thereto, may include:

(a) Seizing, embargoing and quarantiningsuch product or food in accordance with theapplicable provisions of ORS 561.605 to561.630.

(b) Prohibiting temporarily or perma-nently the sale, offer for sale or the disposingof such product or food.

(c) Requiring reconditioning, processingor reprocessing, relabeling or other proce-dures as set out in ORS 561.605 to 561.625before such product or food may be sold, of-fered for sale or disposed of for consumptionby animals or people.

(d) Requiring such product or food to bedestroyed without indemnity if it is verifiedit is unfit or unsafe for consumption by ani-mals or people. [1961 c.637 §6; 1973 c.227 §19; 1975c.304 §17]

616.360 Standards for rules. In the pro-mulgation of rules under ORS 616.341,616.345, 616.350, 616.366 and 616.380, theState Department of Agriculture shall giveappropriate consideration to:

(1) Measures and procedures required toprotect the health and life of animals and thepeople of this state.

(2) The laws of other states.(3) The laws of the United States. The

department′s rules shall conform in so far aspracticable with, but shall not be more re-strictive than, the laws and rules of the fed-eral Food and Drug Administration.

(4) The opinions of recognized expertsand governmental agencies in the field offood additives. [1961 c.637 §9; 1973 c.227 §20]

616.365 [1961 c.637 §10; repealed by 1973 c.227 §21(616.366 enacted in lieu of 616.365)]

616.366 Rules for use of poisons, pes-ticides, food or color additives; mattersto be considered. (1) The State Departmentof Agriculture, whenever public health orother considerations in this state so require,is authorized to adopt, amend or repeal ruleswhether or not in accordance with rulespromulgated under the federal Act, prescrib-ing therein tolerances for:

(a) Any added, poisonous or deleterioussubstances;

(b) Food additives;(c) Pesticide chemicals in or on raw ag-

ricultural commodities; or(d) Color additives.(2) Such authority includes but is not

limited to:(a) Zero tolerances, and exemptions from

tolerances in the case of pesticide chemicalsin or on raw agricultural commodities;

(b) Prescribing the conditions underwhich a food additive or a color additive maybe safely used; and

(c) Exemptions where such food additiveor color additive is to be used solely forinvestigational or experimental purposes.

(3) Such rules may be promulgated uponthe department′s own motion or upon thepetition of any interested party requestingthat such rules be promulgated. It is incum-bent upon a petitioner to establish by datasubmitted to the department that a necessityexists for such rule, and that its effect willnot be detrimental to the public health. Ifthe data furnished by the petitioner is notsufficient to allow the department to deter-mine whether such rule should be promul-gated, the department may require additionaldata be submitted and failure to comply withthe request shall be sufficient grounds todeny the request.

(4) In adopting, amending or repealingsuch rules the department shall consider,among other relevant factors, the followingwhich the petitioner, if any, shall furnish:

(a) The name and all pertinent informa-tion concerning such substance, includingwhere available, its chemical identity andcomposition;

(b) A statement of the conditions of theproposed use including directions, recom-mendations and suggestions;

(c) Specimens of proposed labeling;(d) All relevant data bearing on the

physical or other technical effect and thequantity required to produce such effect;



(e) The probable composition of any sub-stance formed in or on a food resulting fromthe use of such substance;

(f) The probable consumption of suchsubstance in the diet of humans and animalstaking into account any chemically orpharmacologically related substance in suchdiet;

(g) The safety factors which, in the opin-ion of experts qualified by scientific trainingand experience to evaluate the safety of suchsubstances for the use or uses for which theyare proposed to be used, are generally recog-nized as appropriate for the use of animalexperimentation data;

(h) The availability of any needed practi-cable methods of analysis for determining theidentity and quantity of such substance in oron an article, any substance formed in or onsuch article because of the use of such sub-stance, and the pure substance and all inter-mediates and impurities; and

(i) Facts supporting a contention that theproposed use of such substance will be auseful one. [1973 c.227 §22 (enacted in lieu of616.365)]

616.370 [1961 c.637 §11; repealed by 1973 c.227 §26]616.375 [1961 c.637 §12; repealed by 1973 c.227 §26]

616.380 Enforcement procedure forcontrol of food additives. Whenever theState Department of Agriculture determinesthe fact that a product or food containing afood additive is or may seriously endanger oraffect the health or life of animals or people,it may seize, embargo and quarantine suchproduct or food, or take other necessary pro-cedures or action as authorized by ORS616.355 for the regulation and control of pes-ticide chemicals or other poisonous or dan-gerous chemicals. [1961 c.637 §13]

616.385 Public hearing required forrules. All rules promulgated under ORS616.335 to 616.385 shall only be promulgatedafter public hearing and shall be in accor-dance with the applicable provisions of ORSchapter 183. [1961 c.637 §15; 2007 c.71 §184]

616.405 [Renumbered 632.900]616.406 [1989 c.1025 §2; repealed by 2001 c.320 §10]616.410 [Renumbered 632.905]616.411 [1989 c.1025 §3; repealed by 2001 c.320 §10]616.415 [Renumbered 632.910]616.416 [1989 c.1025 §4; 2001 c.104 §239; repealed by

2001 c.320 §10]616.420 [Renumbered 632.915]616.421 [1989 c.1025 §5; repealed by 2001 c.320 §10]616.425 [Renumbered 632.920]616.426 [1989 c.1025 §11; 2001 c.104 §240; repealed by

2001 c.320 §10]616.430 [Renumbered 632.925]616.435 [Renumbered 632.930]616.440 [Renumbered 632.935]

616.445 [Amended by 1973 c.587 §1; renumbered632.940]

616.450 [Renumbered 632.955]616.455 [Renumbered 632.960]616.460 [Renumbered 632.965]616.465 [Renumbered 632.970]616.470 [Renumbered 632.975]616.475 [Renumbered 632.980]616.480 [Amended by 1955 c.363 §14; renumbered

632.985]616.505 [Renumbered 632.450]616.510 [Renumbered 632.455]616.515 [Renumbered 632.460]616.520 [Renumbered 632.465]616.525 [Renumbered 632.470]616.530 [Renumbered 632.475]616.535 [Renumbered 632.480]616.540 [Renumbered 632.485]616.545 [Renumbered 632.490]616.550 [Repealed by 1963 c.461 §34]

RESTAURANT NUTRITIONALINFORMATION DISCLOSURES

616.555 Definitions for ORS 616.555 to616.585. As used in ORS 616.555 to 616.585:

(1) “Alcoholic beverage” has the meaninggiven that term in ORS 471.001.

(2)(a) “Chain restaurant” means a res-taurant located in Oregon that:

(A) Is part of an affiliation of 15 or morerestaurants within the United States;

(B) Sells standardized menu items thatconstitute 80 percent or more of the menuitems served in the restaurant and at least14 of the other affiliated restaurants; and

(C) Operates under a trade name or ser-vice mark, both as defined in ORS 647.005,that is identical or substantially similar tothe trade names or service marks of the af-filiated restaurants.

(b) “Chain restaurant” does not mean:(A) A restaurant located inside a facility

that is subject to State Department of Agri-culture inspection under an interagencyagreement described in ORS 624.530, unlessthe trade name or service mark for the res-taurant differs from the trade name or ser-vice mark of the facility containing therestaurant;

(B) A cafeteria of a public or private ed-ucational institution;

(C) A health care facility as defined inORS 442.015; or

(D) A motion picture theater.(3) “Food product” means a discrete unit

serving of a ready-to-eat food or beverage.(4)(a) “Food tag” means an informational

label placed near a menu item that is identi-fied or indicated by the label.



(b) “Food tag” does not mean a menu ormenu board.

(5) “Menu” means a pictorial or writtendescription of menu items that does not havea fixed location and is not intended for jointviewing by multiple patrons.

(6)(a) “Menu board” means a pictorialdisplay or written description of menu itemsthat:

(A) Is located where the customer placesan order for a menu item; and

(B) Is not a menu or a food tag.(b) “Menu board” does not mean a picto-

rial display used solely for the purpose ofmarketing.

(7)(a) “Menu item” means a preparedfood product or a group or combination ofprepared food products that is offered on amenu, menu board or food tag as a distinctarticle for sale.

(b) “Menu item” does not mean the fol-lowing:

(A) Condiments that are made availableon tables or counters for general use withoutcharge.

(B) Food products that are offered forsale less than 90 days during a calendar year.

(C) Alcoholic beverages, except as pro-vided by rule by the Department of HumanServices as described in ORS 616.575.

(D) Food products in sealed manufacturerpackaging.

(8) “Restaurant” has the meaning giventhat term in ORS 624.010. [2009 c.314 §1]

Note: 616.555 to 616.590 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 616 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

616.560 Determination of menu itemtypical values; provision of accurate in-formation to customers. (1) A chain res-taurant shall determine typical values of thefollowing for each menu item offered by therestaurant:

(a) Total calories.(b) Total grams of saturated fat.(c) Total grams of trans fat.(d) Total grams of carbohydrates.(e) Total milligrams of sodium.(2) The typical values described in sub-

section (1) of this section must be based oncalorie and nutrient databases, verifiable ref-erence values, government standards, labora-tory testing or other methods for determiningnutritional values recognized by the Depart-ment of Human Services by rule.

(3) The chain restaurant shall maintaina written list of the typical values described

in subsection (1) of this section for all of themenu items of the restaurant and makecopies of the list available for distribution tocustomers. The chain restaurant shall pro-vide a copy of the list to a customer who ispresent in the restaurant and requests nutri-tional information regarding any menu item.

(4) A chain restaurant may not makeavailable to customers any typical values de-termined under this section that are sub-stantially inaccurate or that the restaurantknows or should know to be false or mis-leading. [2009 c.314 §2]

Note: See note under 616.555.

616.565 Calorie content informationfor combination or multiserving items. (1)The disclosure of calorie content informationunder ORS 616.570 on a menu or menu boardnext to a standard menu item that is a com-bination of at least two standard menu itemson the menu or menu board must, based onall possible combinations for that standardmenu item, include the minimum amounts ofcalories for the calorie content informationand the maximum amounts of calories for thecalorie content information. If there is onlyone possible total amount of calories, thattotal must be disclosed.

(2) The disclosure of calorie content in-formation on a menu or menu board next toa standard menu item that is not anappetizer or dessert, but is intended to servemore than one individual, shall:

(a)(A) Include the number of individualsintended to be served by the standard menuitem; and

(B) Include the calorie content informa-tion for an individual serving.

(b) If the standard menu item is a combi-nation of at least two standard menu items,include the disclosure required under sub-section (1) of this section. [2009 c.314 §2a]

Note: 616.565 becomes operative January 1, 2011.See section 8, chapter 314, Oregon Laws 2009.


616.570 Menus, menu boards and foodtags; additional information; disclaimer.(1) If a chain restaurant serves a menu itemthat is not a self-service item, the chain res-taurant shall have a menu, menu board orfood tag that:

(a) Discloses nutritional information forthe menu item as required by this section;and

(b) Is readily visible for customer use atthe location where the customer places theorder for the menu item.

(2)(a) If a chain restaurant offers a menuitem for self-service, the chain restaurantshall have a menu board or food tag, for each



area of the restaurant in which the item isdisplayed, that:

(A) Discloses nutritional information forthe menu item as required by this section;and

(B) Is readily visible in the area wherethe menu item is displayed.

(b) If a chain restaurant offers a menuitem for self-service that the restaurant alsooffers on a basis that is not self-service, therestaurant shall ensure that the area wherethe item is offered on a basis that is notself-service complies with subsection (1) ofthis section.

(3) If a chain restaurant uses a menu ormenu board, the menu or menu board mustinclude the following:

(a) A statement of the total calories foreach of the menu items listed on that menuor menu board. The total calorie statementmust be in a conspicuous place near theother menu or menu board information forthat menu item. If the menu or menu boardlists prices, the total calorie statement mustbe of a size and typeface no less prominentthan the size and typeface used to display theprice of the menu item. If the menu or menuboard does not list prices, the total caloriestatement must be of a size and typeface noless prominent than the size and typefaceused to display the least prominent of anyother information stated on the menu ormenu board.

(b) In a conspicuous place, a statementlisting the daily intake amounts of calories,saturated fat and sodium recommended bythe Department of Human Services.

(c) In a conspicuous place, a statementthat additional nutritional information isavailable upon request.

(4) If a chain restaurant uses food tags,the restaurant shall display the following:

(a) A statement of the total calories forthe menu item in a conspicuous place on thetag. If the food tag states the price of themenu item, the total calorie statement mustbe of a size and typeface no less prominentthan the size and typeface used to display theprice of the menu item. If the food tag doesnot state the price, the total calorie state-ment must be of a size and typeface no lessprominent than the size and typeface used todisplay the least prominent of any other in-formation stated on the tag.

(b) In a conspicuous place, a statementlisting the daily intake amounts of calories,saturated fat and sodium recommended bythe Department of Human Services.

(c) In a conspicuous place, a statementthat additional nutritional information isavailable upon request.

(5) A chain restaurant may post dis-claimers stating that the actual nutritionalvalue of menu items may vary from thestated total calories or other nutritional in-formation due to variations in preparation,size or ingredients or for custom orders.

(6) A chain restaurant may supplementthe nutritional information disclosures re-quired by this section and ORS 616.560 and616.565 with additional consumer informa-tion. [2009 c.314 §3]



616.575 Rules; typical values for alco-holic beverages. (1) The Department of Hu-man Services shall adopt rules thedepartment considers reasonable for the ad-ministration and enforcement of ORS 616.555to 616.580. The rules adopted by the depart-ment must include, but need not be limitedto, rules for the rounding of stated valuesand the establishment of specifications fortotal calorie statements and other requiredstatements. In adopting rules under this sec-tion, the department shall:

(a) To the extent the department consid-ers practicable, follow any relevant UnitedStates Food and Drug Administration prac-tices, standards and rules for nutritional la-beling; and

(b) Seek input from representatives ofchain restaurants.

(2) The department shall adopt rules es-tablishing conditions under which a menuboard serving the drive-through area of achain restaurant may qualify for a full orpartial exception from ORS 616.565 and616.570. The rules shall make an exceptionavailable only if compliance with ORS616.565 or 616.570 would require the vio-lation of local land use laws or sign ordi-nances, or is impracticable due tosite-specific conditions. As used in this sub-section, “drive-through area” means an areawhere customers place orders for and receivemenu items while occupying motor vehicles.

(3)(a) Notwithstanding subsection (1) ofthis section, the following are the typicalvalues for alcoholic beverages:

(A) For wine, 122 calories, 4 grams ofcarbohydrate and 7 milligrams of sodium fora five-ounce serving;

(B) For beer other than light beer, 153calories, 13 grams of carbohydrate and 14milligrams of sodium for a 12-ounce serving;

(C) For light beer, 103 calories, 6 gramsof carbohydrate and 14 milligrams of sodiumfor a 12-ounce serving; and

(D) For distilled spirits, 96 calories for a1.5-ounce serving.



(b) A chain restaurant shall use the typi-cal values described in paragraph (a) of thissubsection when calculating the total calo-ries for a menu item that includes one ormore alcoholic beverages.

(c) The department:(A) May adopt rules to require total cal-

orie disclosures for an alcoholic beverage ora menu item that contains an alcoholic bev-erage, only if the alcoholic beverage or menuitem is offered by a chain restaurant for 90or more days during a calendar year; and

(B) May adopt rules that exempt con-tainers or dispensers of alcoholic beveragesfrom the use of food tags to state standardcalorie values. [2009 c.314 §4]


616.580 Inspections; notice and oppor-tunity to cure violation; penalties. (1) TheDepartment of Human Services may inspectchain restaurants for compliance with ORS616.560, 616.565 and 616.570 and departmentrules adopted under ORS 616.575. The personoperating the chain restaurant shall, uponrequest of the department, permit access toall parts of the restaurant and any recordsin the possession of the restaurant regardingnutritional values or menu items and providemenu item samples for nutritional valuetesting by the department.

(2) If a chain restaurant violates a pro-vision of ORS 616.560, 616.565 or 616.570 ora rule adopted under ORS 616.575, the de-partment shall provide the restaurant withwritten notice informing the restaurant ofthe violation and stating that the restaurantmay avoid a civil penalty for the violation bycuring the violation within 60 days. If thechain restaurant fails to cure the violationwithin 60 days, the department may imposea civil penalty of not less than $250 and notmore than $1,000 for the violation. For acontinuing violation, each 30-day period thatthe violation continues after the precedingimposition of a civil penalty is a separate of-fense subject to a separate civil penalty. Thedepartment is not required to provide thechain restaurant with an opportunity to curethe continuing violation before imposing acivil penalty for the continuing violation.[2009 c.314 §5]



616.585 Local disclosure requirementsprohibited. A local government may notadopt or enforce a local requirement for thedetermination or disclosure of nutritional in-formation by a restaurant. [2009 c.314 §6]


616.590 Lack of cause of action orclaim. ORS 616.555 to 616.585 do not createa cause of action and may not be asserted asthe basis for a per se negligence claim. [2009c.314 §7]

Note: See note under 616.555.616.605 [Amended by 1965 c.13 §1; 1971 c.318 §1; re-

numbered 632.275]616.610 [Renumbered 632.280]616.615 [Renumbered 632.285]616.620 [Renumbered 632.290]616.625 [Repealed by 1965 c.107 §7]616.630 [Repealed by 1965 c.107 §7]616.635 [Repealed by 1965 c.107 §7]616.640 [Repealed by 1965 c.107 §7]

SANITARY REGULATIONS FOR FOODAND FOOD ESTABLISHMENTS

616.695 Definitions for ORS 616.695 to616.755. As used in ORS 616.695 to 616.755,unless the context requires otherwise:

(1) “Department” means the State De-partment of Agriculture.

(2) “Food establishment” means:(a) Any room, building, structure or

place, used or intended for use, or operatedfor storing, preparing, compounding, manu-facturing, processing, freezing, packaging,distributing, handling, salvaging or display-ing food.

(b) The ground upon which such place orbusiness is operated or used and so muchground adjacent thereto as is also used incarrying on the business of the establish-ment. The department may prescribe suchadditional area or places which, althoughthey may not be contiguous or adjacent tothe above area or establishment, may be in-cluded therein.

(c) Vehicles, machinery, equipment,utensils, tools, fixtures, implements, and allother articles or items, used in operating orcarrying on the business of a food establish-ment.

(3) “Food” means any article used, or in-tended to be used, for food, ice, drink,confection or condiment, whether simple orcompound, or any part or ingredient thereofor in the preparation thereof, and for humanconsumption.

(4) “Salvaging” means the business of re-conditioning, repacking, relabeling, cleaningor culling of foods that have been damagedor adulterated as a result of fire, storm,flood, water, smoke, chemicals or commercialtransit accident. [1965 c.501 §1; 1975 c.389 §1; 1983c.160 §3]

616.700 Department to enforce sanita-tion requirements for food and food es-tablishments; rules. The State Departmentof Agriculture shall enforce the provisions



of ORS 616.695 to 616.755 and adopt rulesnecessary therefor in accordance with theapplicable provisions of ORS chapter 183, toinsure and verify that:

(1) Food establishments are constructedand maintained in a clean, healthful andsanitary condition. This shall include floors,walls, ceilings, doors, windows, lighting andventilation, toilet and lavatory facilities, wa-ter supply, separation or partitioning ofrooms, health and cleanliness of personnel,cleanliness and sanitation of surroundingpremises, disposal of all waste and sewagematerial, insect and rodent control, con-struction and sanitation of equipment andutensils, and prohibition of pets therein.However, ORS 616.695 to 616.755 shall notbe applied to prevent licensing and operationof a food establishment solely because suchestablishment is in an area which is part ofand not separate from a domestic kitchen ifthe establishment is upon investigation bythe department found to be constructed andmaintained in a clean, healthful and sanitarycondition.

(2) Food establishments maintain timeand temperature controls, indicating and re-cording thermometers and indicating pres-sure gauges for pressure cookers and retorts,minimum temperature and time period stan-dards for cooking foods, and other facilitiesnecessary to carry out the intent and pur-pose of ORS 616.695 to 616.755.

(3) Food dispensed, transported, sold, heldfor sale, stored, salvaged or displayed, is notfilthy, decomposed, putrid, unsafe, contam-inated, deleterious to health, unfit, unwhole-some, unclean, insanitary or diseased. [1965c.501 §2; 1971 c.131 §1; 1975 c.389 §2; 1983 c.740 §233]

616.705 [Repealed by 1965 c.501 §10]

616.706 Licenses; sanctions; changes;posting; cancellation; fees. (1) Except asotherwise provided in ORS 616.695 to 616.755,a person may not operate a food establish-ment without first obtaining and thereaftermaintaining a license under this section. Aperson shall make an application for a li-cense to the State Department of Agricultureon forms prescribed by the department. Eachlicense shall expire on June 30 next follow-ing the date of issuance or on such date asmay be specified by department rule.

(2) The department may, subject to theapplicable provisions of ORS chapter 183,suspend, revoke or refuse to issue a licenseif the licensee has violated any of the pro-visions of ORS 616.695 to 616.755 or rulesadopted under ORS 616.695 to 616.755.

(3) A license is personal to the applicantand may not be transferred. A new license isnecessary if the business entity of the li-

censee is changed, or if the membership of apartnership is changed, irrespective ofwhether or not the business name ischanged.

(4) The license shall cover all operationsof the person licensed, under one entity orownership. With prior approval of the de-partment, the location of a licensed food es-tablishment, or any part of a licensed foodestablishment, may be moved without the re-quirement of a new license if there is nochange in the ownership or business entity.

(5) The license shall be posted in a con-spicuous place in the main office of the foodestablishment. Duplicate copies of the licenseshall be conspicuously posted in branch of-fices, warehouses and other places owned oroperated by the licensee at locations otherthan the main office. A license is automat-ically canceled if the food establishmentceases or discontinues operations or busi-ness.

(6) The license fee for a food establish-ment that is part of a domestic kitchen is$189.

(7) The license fees for a food establish-ment other than an establishment that ispart of a domestic kitchen, or other than aretail food store or a warehouse, are:

(a) $325 if the gross sales of an appli-cant′s covered operations are not more than$50,000;

(b) $460 if the gross sales of an appli-cant′s covered operations are more than$50,000 and not more than $500,000;

(c) $541 if the gross sales of an appli-cant′s covered operations are more than$500,000 and not more than $1 million;

(d) $704 if the gross sales of an appli-cant′s covered operations are more than $1million and not more than $5 million;

(e) $812 if the gross sales of an appli-cant′s covered operations are more than $5million and not more than $10 million; or

(f) $920 if the gross sales of an appli-cant′s covered operations are more than $10million.

(8) The food establishment license feesfor a retail food store, as defined by the de-partment by rule, are:


(b) $271 if the gross sales of an appli-cant′s covered operations are more than$50,000 and not more than $500,000;

(c) $325 if the gross sales of an appli-cant′s covered operations are more than$500,000 and not more than $1 million;



(d) $487 if the gross sales of an appli-cant′s covered operations are more than $1million and not more than $5 million;

(e) $595 if the gross sales of an appli-cant′s covered operations are more than $5million and not more than $10 million; or

(f) $704 if the gross sales of an appli-cant′s covered operations are more than $10million.

(9) The food establishment license feesfor a warehouse, as defined by the depart-ment by rule, are:


(b) $135 if the gross sales of an appli-cant′s covered operations are more than$50,000 and not more than $10 million; or

(c) $162 if the gross sales of an appli-cant′s covered operations are more than $10million.

(10) In establishing the amount of the li-cense fee for an applicant, the departmentshall use the annual gross dollar volume ofsales of covered operations by that applicantwithin Oregon during the prior calendar yearor, if the applicant maintains sales recordson a fiscal basis, the prior fiscal year. If theapplicant applying for an original license orfor a renewal license cannot provide the an-nual gross dollar volume of sales of coveredoperations for a full calendar year, the de-partment shall base the fee on estimated an-nual gross sales of covered operations by theapplicant. If an applicant whose previousyear′s fee was determined using an estimatedgross sales of covered operations figure ap-plies for renewal of that license, the fee forthe previous license year shall be adjusted toreflect the actual gross dollar volume ofsales of covered operations by the applicant.[1965 c.501 §3; 1975 c.389 §3; 1979 c.183 §2; 1982 s.s.1 c.4§4; 1991 c.632 §2; 2005 c.735 §§3,4; 2007 c.768 §§22,23]

616.708 Additional users of establish-ment; fees; rules. (1) The State Departmentof Agriculture may issue licenses under ORS616.695 to 616.755 to one or more additionalusers of a food establishment that is licensedprimarily for operation by another person. Alicense issued to an additional user of thefood establishment shall cover all operationsat that establishment by the person licensed.Regardless of the number of persons licensedto use a food establishment, the departmentmay not recognize more than one person asthe primary operator of the establishment.

(2) The department may assess a licensefee to an additional user of a food establish-ment, calculated as provided in ORS 616.706.In calculating license fees under ORS616.706, the gross sales for an additional user

of the food establishment are independent ofthe gross sales by any other user or the pri-mary operator of the food establishment.

(3) Notwithstanding ORS 616.706, the de-partment may adopt rules to establish the li-cense expiration, renewal and applicationdates for additional users of a food establish-ment.

(4) The department may adopt rules todetermine the responsibilities of a food es-tablishment′s primary operator and addi-tional users of the food establishment underORS 616.700, 616.735 and 616.740.

(5) A recognized primary operator of afood establishment shall notify the depart-ment upon the expiration or termination ofthe rental or lease of the food establishmentby an additional user of the establishment.The renting or leasing of a food establish-ment to a person licensed by the departmentas an additional user of the establishment orthe expiration or termination of use by aperson licensed as an additional user of theestablishment does not, by itself, constitutethe ceasing or discontinuance of operationsor business at the food establishment by theprimary operator or another additional userfor purposes of ORS 616.706.

(6) Subsections (1) to (5) of this sectiondo not apply to a food establishment locatedin an area that is part of a domestic kitchen.[2007 c.645 §5]

616.710 [Repealed by 1965 c.501 §10]

616.711 Where licenses not required;when ORS 616.695 to 616.755 not applica-ble. (1) No license or duplicate of a license,as prescribed in ORS 616.706, is necessaryfor food establishments where the principalactivity is the receiving, storage, sorting,cleaning and packing of fresh fruits and veg-etables.

(2) All provisions of ORS 616.695 to616.755 other than licensing apply to foodestablishments set forth in subsection (1) ofthis section.

(3) The provisions of ORS 616.695 to616.755 do not apply to:

(a) Restaurants, bed and breakfast facili-ties, commissaries, vending machines andmobile food and beverage units licensed un-der ORS 624.010 to 624.121, 624.310 to 624.430or those which are exempted under ORS624.330.

(b) Food service facilities not preparingfood for distribution to the public or to in-stitutional facilities licensed and regulatedby the Department of Human Services or theOregon Health Authority.

(c) Shellfish operations licensed underORS chapter 622.



(d) A person processing, manufacturingor packaging food for family use or con-sumption.

(e) Commercial transit salvage operationsnot involving sale of food to the generalpublic. [1965 c.501 §4; 1973 c.423 §1; 1975 c.389 §4; 1982s.s.1 c.4 §5; 1983 c.160 §4; 1987 c.226 §9; 2009 c.595 §996]

616.715 [Repealed by 1965 c.501 §10]

616.716 When inspection authorized;ORS 616.695 to 616.755 in addition to otherlaws. (1) The State Department of Agricul-ture may inspect the applicant′s food estab-lishment and shall not issue a license untilor unless such establishment is in compli-ance with the provisions of ORS 616.695 to616.755 and regulations promulgated there-under.

(2) The provisions of ORS 616.695 to616.755 are in addition to and not in lieu ofall other laws relating to food and to foodestablishments. [1965 c.501 §5; 1975 c.389 §5; 2001c.104 §242]

616.720 [Repealed by 1965 c.501 §10]

616.721 Exemptions from ORS 616.695to 616.755. (1) Except as provided in subsec-tion (5) of this section, the provisions of ORS616.695 to 616.755 do not apply to a food es-tablishment that is subject to and is beinginspected by a federal agency.

(2) To be exempt from the provisions ofORS 616.695 to 616.755 as set forth in sub-section (1) of this section, a person shall filean application for such exemption on formsprescribed by the State Department of Agri-culture.

(3) An applicant for renewal of a license,or any person operating under an exemptionapproved by the department, shall file an ap-plication for exemption with the departmentprior to December 15 of each year, coveringthe subsequent year of operation.

(4) An applicant to operate a new foodestablishment shall file an application andreceive approval thereof, if any, prior tostarting such business.

(5) Unless exempt from licensing as pro-vided in ORS 616.711, food establishmentsexempt from certain provisions of ORS616.695 to 616.755 as authorized in this sec-tion, shall be subject to the provisions ofORS 616.706 and shall be required to obtainand maintain licenses thereunder. [1965 c.501§6; 1975 c.389 §6]

616.725 [Repealed by 1965 c.501 §10]

616.726 City regulation of food andfood establishments authorized; depart-ment to examine city regulation for ade-quacy. (1) The provisions of ORS 616.695 to616.755 do not prohibit any city from enact-ing and enforcing any ordinance establishinga system, program, inspection services andlicensing thereunder, within the corporate

limits or boundaries thereof, which carriesout the purposes and intent of ORS 616.695to 616.755, if the same is at least equal to theprovisions of ORS 616.695 to 616.755 andregulations promulgated thereunder. A copyof each such ordinance, including anyamendment thereof, shall be forwarded bythe city to the State Department of Agricul-ture.

(2) Not less than once each two years thedepartment shall investigate the ordinanceand determine if it meets the requirementsand standards of subsection (1) of this sec-tion and if such system, program and inspec-tions thereunder are being properly carriedout and enforced. If the department findssuch program, system and inspections do notmeet these requirements and standards, itshall give written notice of such finding tothe chief administrative officer of the city.

(3) If the department thereafter finds, notless than 30 days after the date of giving no-tice, that such system, program and inspec-tions continue to fail to be enforced properlyor are not carrying out the intent and pur-poses of ORS 616.695 to 616.755, the depart-ment shall make a finding to that effect andthereupon the provisions of ORS 616.695 to616.755 shall become applicable to all personsand food establishments within the corporatelimits of such city. [1965 c.501 §7; 1975 c.389 §7]

616.730 [Repealed by 1965 c.501 §10]

616.731 Deposit and use of fees andmoney. The State Department of Agricul-ture shall deposit all fees paid to it underthis chapter in the Department of Agricul-ture Service Fund. Such fees are contin-uously appropriated to the department forthe purpose of administering and enforcingthe provisions of this chapter. [1965 c.501 §8;1975 c.389 §8; 1979 c.499 §20]

616.735 When insanitary conditionsexist. A food establishment shall be consid-ered unclean, unhealthful and insanitary if:

(1) Food in the food establishments is notprotected from adulteration as defined inORS 616.235, as required by the State De-partment of Agriculture;

(2) The refuse, dirt and waste products,subject to decomposition or fermentation in-cident to the operation of the food establish-ment are not removed as required by thedepartment;

(3) All trunks, trays, boxes, baskets,buckets, or other receptacles, chutes, plat-forms, racks, troughs, shelves and all knives,saws, cleavers and other utensils and ma-chinery used in operation of the food estab-lishment are not thoroughly cleaned asrequired by the department;

(4) Proper toilet and lavatory facilitiesare not provided for employees, or not main-



tained and kept in a clean and sanitary con-dition; or

(5) The clothing and persons of opera-tives, employees, clerks or other personstherein employed are unclean. [Amended by1975 c.389 §9]

616.740 Condemnation where insani-tary conditions exist. (1) Whenever theState Department of Agriculture determinesthat any floor, sidewall, ceiling, locker,closet, furniture, receptacle, implements ormachinery of any food establishment is keptin an unclean, unhealthful or insanitarycondition, the department shall:

(a) Notify the owner or person in chargeof such food establishment that such foodestablishment shall not be used for suchpurposes until it is put in a sanitary condi-tion by making the changes ordered by thedepartment in the notice; and

(b) Post a notice upon the food establish-ment found in an unclean, unhealthful or in-sanitary condition, to the effect that it iscondemned for further use on account of theunclean, unhealthful or insanitary condition.

(2) The notice shall not be removed fromany such food establishment until the samehas been put in a sanitary condition. Acontinued use of such food establishmentwithout making the changes ordered, or un-authorized removal of the notice is a vio-lation of this section. [Amended by 1975 c.389 §10]

616.745 Handling of food by diseasedpersons prohibited; rules. (1) The OregonHealth Authority may, by rule, define certaincommunicable diseases which may be spreadto the public through the handling of food infood establishments.

(2) No owner or employer shall require,permit or suffer any person to work, norshall any person work, in a food establish-ment who is affected with a disease describedin subsection (1) of this section. [Amended by1973 c.829 §55; 1975 c.389 §11; 2009 c.595 §997]

616.750 Procedure where food handlersuspected of disease. If the State Depart-ment of Agriculture for reasonable cause be-lieves that any person working in any foodestablishment is affected with any infectiousor contagious disease, the department mayrequire the person to be examined by a com-petent physician and that the physician fur-nish the department with a certificatestating whether upon examination the physi-cian has found the person to be affected withany infectious or contagious disease. Ifwithin five days after so required the personhas not furnished the department with sucha certificate by a competent physician, theperson is guilty of a violation of ORS 616.745and the department may apply to the circuitcourt to enjoin the person from continuing

to work in the food establishment until thecertificate is furnished. The circuit courthereby is authorized to issue the injunction.[Amended by 1975 c.389 §12]

616.755 Securing information fromhealth officers. The State Department ofAgriculture may, for the purpose of enforcingthe provisions of ORS 616.745 and 616.750,request information from any city, county orstate health officer, bureau, board or com-mission within Oregon. Such officer, bureau,board or commission, when so requested,shall furnish the department any and all in-formation which the officer, bureau, board orcommission may have.

616.760 [Repealed by 1965 c.501 §10]

STANDARDS OF IDENTITY ANDQUALITY FOR OLIVE OIL

616.761 Standards of identity andquality for olive oil; prohibition of imi-tation olive oil; rules. (1) As used in thissection, “olive oil” means oil derived fromthe fruit of the species Olea europaea L.

(2) The State Department of Agricultureshall adopt rules under ORS 616.205 to616.385 establishing standards of identity andquality and labeling requirements for oliveoil sold in this state including, but not lim-ited to, standards and requirements for ordi-nary virgin oil, virgin oil, extra virgin oiland olive-pomace oil and definitions, require-ments and prohibitions regarding imitationolive oil. In establishing or amending stan-dards and requirements under this section, inaddition to the definitions and standards de-scribed under ORS 616.230 and 616.325, thedepartment shall give consideration to anydefinitions and standards used by a federalagency, another state or an organization ad-ministering a regional, multiregional, na-tional or international agreement on oliveoil. [2009 c.564 §2]

616.765 [Repealed by 1965 c.501 §10]616.770 [Repealed by 1965 c.501 §10]

STANDARDS OF IDENTITY ANDQUALITY FOR FLOUR PRODUCTS616.775 Definitions for ORS 616.775 to

616.790. As used in ORS 616.775 to 616.790unless the context requires otherwise:

(1) “Bread,” “rolls” and “buns” have thesame meaning as they have in ORS 625.212.

(2) “Flour,” “white flour,” “wheat flour,”“plain flour,” “bromated flour,” “self-risingflour,” “self-rising white flour,” “self-risingwheat flour,” “phosphated flour,” “phos-phated white flour” and “phosphated wheatflour” have the same meaning as they havein the definitions and standards promulgatedby the State Department of Agriculture pur-suant to ORS 616.780 and 625.160.



(3) “Macaroni products,” “vegetablemacaroni products,” “macaroni productsmade with nonfat milk,” “noodle products”and “vegetable noodle products” have thesame meaning as they have in the definitionsand standards promulgated by the State De-partment of Agriculture pursuant to ORS616.780.

(4) “Enriched” as applied to any of theflours, macaroni products and noodle pro-ducts defined in subsections (2) and (3) ofthis section means the addition of thevitamins, minerals and other nutrients nec-essary to make that food conform to the de-finition and standards for enriched flour,enriched macaroni products and enrichednoodle products promulgated by the StateDepartment of Agriculture pursuant to ORS616.780 and 625.160. [1971 c.176 §5; 1975 c.265 §3]

616.780 Standards of identity or qual-ity for flours, macaroni and noodle pro-ducts. The State Department of Agricultureshall adopt and promulgate standards ofidentity or standards of quality for flours,macaroni products and noodle products pur-suant to the provisions of ORS 616.230 forthose flours, macaroni products and noodleproducts for which definitions and standardshave been promulgated by authority of theUnited States. The definitions and standardsso promulgated shall conform so far as prac-ticable to the definitions and standards pro-mulgated by authority of the United Statesand may not be inconsistent with definitionsand standards promulgated by such author-ity. The department shall periodically amendits definitions and standards so as to keep inharmony as far as practicable with the defi-nitions and standards promulgated by au-thority of the United States. The otherapplicable provisions of ORS 616.205 to616.385 shall apply to such flours, macaroniproducts and noodle products and to anystandards of identity or quality promulgatedhereunder. [1971 c.176 §4; 2001 c.320 §8]

616.785 Sale of unenriched flours,macaroni or noodle products prohibited;certain products exempted. (1) It shall beunlawful for any person to manufacture, mix,compound, sell or offer for sale for humanconsumption any of the flours, macaroniproducts or noodle products specified in ORS616.775 (2) and (3) unless they are enriched.

(2) Subsection (1) of this section shall notapply to flours sold to distributors, commer-cial bakers, or other processors if such flourswill be:

(a) Resold to a distributor, commercialbaker or other processor;

(b) Used in the manufacture, mixing orcompounding of:

(A) Enriched flour, enriched macaroniproducts or enriched noodle products; or

(B) Enriched breads, enriched rolls orenriched buns as defined by ORS 625.212 (3);or

(c) Used in the manufacture of anonbakery product such as specified in ORS625.010 (2). [1971 c.176 §6]

616.790 Enforcement of ORS 616.775 to616.790 by department; inspection; sam-pling; failure to permit inspection; rules.(1) The State Department of Agricultureshall enforce ORS 616.775 to 616.790 and616.992 and shall have, in connection there-with, all the powers conferred and imposedon it by law and any other powers necessaryor proper to enable it to enforce ORS 616.775to 616.790 and 616.992.

(2) For the purpose of ORS 616.775 to616.790 and 616.992 the State Department ofAgriculture, or such officers or employees ofthe department as are designated, is author-ized:

(a) To take food samples for analysis;(b) To conduct examinations and investi-

gations;(c) To enter at reasonable times any fac-

tory, mill, bakery, warehouse, shop or estab-lishment where any flour, bread, rolls, buns,macaroni products or noodle products speci-fied in ORS 616.780 are manufactured, proc-essed, packed, sold or held, or any vehiclebeing used for the transportation thereof;

(d) To inspect any such place or vehicleand any flours, breads, rolls, buns, macaroniproducts or noodle products specified in ORS616.780, and all pertinent equipment, materi-als, containers and labeling; and

(e) To make reasonable rules and regu-lations to carry out ORS 616.775 to 616.790,616.992, 625.160, 625.212 and 625.215, subjectto the applicable provisions of ORS chapter183. Such rules and regulations shall be pub-lished as provided by ORS 561.190.

(3) Refusal to furnish authorized officersand employees of the State Department ofAgriculture, upon demand either personal orin writing, with a sufficient sample for anal-ysis of any food product specified in subsec-tion (2) of this section after tender of themarket price therefor is prima facie evidencethat such food is not enriched as required.[1971 c.176 §7; 1973 c.227 §25; 1975 c.265 §4; 2003 c.14 §365]



OPEN DATE LABELING616.800 Short title. ORS 616.800 to

616.835 and 616.994 may be cited as the OpenDate Labeling Law. [1973 c.173 §2]

616.805 Definitions for ORS 616.800 to616.835 and 616.994. As used in ORS 616.800to 616.835 and 616.994, unless the contextrequires otherwise:

(1) “Food” means any substance used orintended to be used for human consumptionas food, drink or condiment.

(2) “Open date” means a date clearly vis-ible to retail consumers showing the pulldate, packing date or other date described inORS 616.835 (2).

(3) “Packing date” means the date speci-fying the time a perishable food was pack-aged in its final form for sale to theconsumer.

(4) “Perishable food” means any food thatmay spoil or otherwise become unfit for hu-man consumption because of its nature, typeor physical condition. “Perishable food” in-cludes, but is not limited to, fresh or proc-essed meats, poultry, seafood, dairy products,bakery products, eggs in the shell, and foodsthat have been packaged or refrigerated.ORS 616.800 to 616.835 and 616.994 shall notapply to fresh fruits or vegetables or to foodsthat have been canned or frozen.

(5) “Pull date” means, whichever is ear-lier, the date specifying the time:

(a) The perishable food manufacturer,processor or packager recommends that aperishable food should be removed from re-tail sale, allowing the consumer time fornormal home consumption or use underproper care and storage conditions; or

(b) A perishable food should no longer beoffered for sale or sold as fresh. A perishablefood shall be considered fresh only so longas significant changes in appearance, taste,odor, nutritional value, or other indicia ofquality or fitness for human consumptionhave not taken place or are not likely tohave taken place under generally acceptedfood handling practices for that particularfood. [1973 c.173 §3]

616.810 Exemption for alcoholic bev-erages. ORS 616.800 to 616.835 and 616.994do not apply to alcoholic beverages. [1973 c.173§9]

616.815 Open date labeling required forpackaged perishable food sold at retail.No person shall sell or offer for sale at retailany packaged perishable food unless the

package bears a clearly marked, printed orstamped label showing the open date for theperishable food in the package. Such labelshall be so designed and placed as to beclearly visible to the consumer. [1973 c.173 §4]

616.820 Label required to be affixed topackage not later than time of deliveryto retail seller. (1) The perishable foodmanufacturer, processor or packager shallaffix, print or stamp the label required byORS 616.815 to the perishable food retailpackage and to all closed shipping cartons,containers or wrappers of such perishablefood packages not later than the time of de-livery of the perishable food packages to theretail seller.

(2) No perishable food manufacturer,processor or packager shall fail to complywith subsection (1) of this section. [1973 c.173§5]

616.825 Sale of perishable food afterexpiration of pull date prohibited; excep-tions; time for removal of packages withexpired pull dates. (1) No person shall sellor offer for sale at retail any packaged per-ishable food after the expiration of the openpull date appearing on the label of the pack-age or container unless:

(a) The package has been separated frompackages of perishable food with open pulldates that have not expired;

(b) Each such package or group of pack-ages is clearly identified in retail display ashaving an expired open pull date; and

(c) The food is fit for human consumptionaccording to applicable state and federal law.

(2) Notwithstanding the provisions of thissection, a vendor shall be allowed the firsteight business hours after the expiration ofthe open pull date within which to removeall packages with an expired pull date. [1973c.173 §6]

616.830 Altering labels or using non-conforming labels prohibited. No personshall:

(1) Alter, deface or remove the open datefrom any perishable food retail or shippingpackage carton, container or wrapper.

(2) Label any perishable food retail orshipping package carton, container or wrap-per in a manner that does not conform to therules promulgated pursuant to ORS 616.835.[1973 c.173 §7]

616.835 Rulemaking authority. In ac-cordance with any applicable provision ofORS chapter 183, the State Department of



Agriculture, in consultation with the indus-tries affected, shall promulgate rules to carryout ORS 616.800 to 616.835 and 616.994.Such rules shall include, but are not limitedto:

(1) Establishing which particular foodsare subject to ORS 616.800 to 616.835 and616.994.

(2) Establishing which one or more of thefollowing types of open date is to be used forparticular groups or classes of perishablefoods:

(a) The packing date.(b) The pull date.(c) The date on which fowl, including

chickens, fryers, turkeys, ducks, geese andother domesticated birds, are killed orslaughtered to be processed into perishablefood.

(3) Specifying the size, content and formof the labeling information required by ORS616.800 to 616.835 and 616.994.

(4) Exempting from the operation of ORS616.800 to 616.835 and 616.994 those perish-able foods for which open date labelingwould be:

(a) Impractical or not meaningful becauseof the size of the package or the nature ofthe perishable food;

(b) Possibly unconstitutional as interfer-ence with the free movement of goods ininterstate commerce. [1973 c.173 §8]

UNIT PRICING

616.850 Definitions for ORS 616.850 to616.890. As used in ORS 616.850 to 616.890,unless the context requires otherwise:

(1) “Consumer commodity” means any ofthe following items:

(a) Food, including all material, solid,liquid or mixed, whether simple or com-pound, used or intended for consumption byhuman beings or domestic animals normallykept as household pets, and all substances oringredients to be added thereto for any pur-poses;

(b) Paper products, including napkins,towels, facial tissues, toilet tissues, dispos-able plates and cups;

(c) Wrapping products, including thosemade of paper, plastic and aluminum; and

(d) Soaps, detergents, cleaning aids,deodorizing aids, waxes and wax removers,disinfectants, polishes and polish removers,

bleaches, scouring pads and all other laundryand household cleaning products.

(2) “Grocery store or food market” meansany retail establishment or departmentthereof:

(a) That sells consumer commodities, thegross annual receipts from the sale of whichis $1.5 million or more; and

(b) That is part of a chain system orcontracts with a supplier or cooperative thatutilizes common purchasing, warehousing ordistribution facilities, if the chain, cooper-ative or supplier has computer hardware forinventory control, ordering or pricing labels.

(3) “Package” means any container orwrapping in which any consumer commodityis enclosed for use in the delivery or displayof that consumer commodity to retail pur-chasers.

(4) “Unit retail price” means the retailprice of the contents of a package of anyconsumer commodity, expressed in terms ofthe retail price of such contents per singlewhole unit of weight, volume, measure orcount, computed to the nearest 10th of a centwhen less than $1 and to the nearest centwhen $1 or more. [1977 c.181 §3; 1979 c.827 §1; 2007c.71 §185]

616.855 Items exempt from unit pric-ing requirements. ORS 616.850 to 616.890do not apply to:

(1) Fresh fruits and vegetables.(2) Products sold in quantities of one

avoirdupois ounce, or 28.35 grams or onefluid ounce, or less.

(3) Packaged consumer commodities thatmay be lawfully sold only upon the writtenor oral direction of a licensed practitioner.As used in this subsection, “practitioner” hasthe meaning for the term provided in ORS689.005.

(4) Alcoholic beverages that are subjectto the Federal Alcohol Administration Act.

(5) Tobacco, cosmetics and personal careproducts, hardware and household equip-ment.

(6) Products sold in one size limit only,or in such manner that the State Departmentof Agriculture determines that no compar-ison is meaningful.

(7) Consumer commodities sold for imme-diate consumption on the premises.

(8) Patent or proprietary medicines.(9) Products sold through coin-operated

vending machines or products sold by manual



distribution from mobile catering units toindividual consumers. [1977 c.181 §4; 1979 c.777§57; 1979 c.785 §6; 1979 c.827 §4; 2009 c.175 §7]

616.860 Unit pricing of packaged con-sumer commodities required; explanationto consumers. (1) Except as provided inORS 616.855 and 616.865, no person shall sellor offer for retail sale at a grocery store orfood market any packaged consumer com-modity unless there is clearly displayed uponthe commodity package or at a place in rea-sonable proximity to where the commodity isoffered for sale a statement of the unit retailprice of the commodity pursuant to ORS616.870 and the total retail price of the com-modity.

(2) If the tag, stamp, sign or label usedto display the unit retail price is not affixeddirectly to the consumer commodity, the tag,stamp, sign or label shall also contain thebrand name and the quantity or size of theproduct by weight, measure or count.

(3) Whenever the State Department ofAgriculture adopts administrative rules un-der ORS 616.875 wherein formats and meth-ods to explain unit pricing are prescribed,such explanations of the use of unit pricingshall be provided and displayed by each gro-cery store. [1977 c.181 §5; 1979 c.827 §2]

616.865 Temporary sale items exempt.When a packaged consumer commodity issold or offered for sale at retail at a pricelower than the price at which the commodityis regularly sold or offered for sale, the retailseller is exempt from the requirements ofORS 616.860 (1) as to such commodities un-less the lower price is to be in effect formore than 30 consecutive business days. [1977c.181 §6]

616.870 Prescribed pricing by units ofmeasurement. Retail sellers of packagedconsumer commodities shall express unit re-tail price statements in terms of the priceper single whole unit of weight, volume,measure or count as prescribed by adminis-trative rules adopted by the State Depart-ment of Agriculture under ORS 616.875 forparticular consumer commodities or groupsfor consumer commodities. [1977 c.181 §7; 1979c.827 §3]

616.875 Rules; retail establishmentspresumed subject to unit pricing untilexempted by department. (1) In accordancewith any applicable provision of ORS chapter183, the State Department of Agriculturemay promulgate rules for the administrationand enforcement of the provisions of ORS616.850 to 616.890.

(2) A retail establishment or departmentthereof shall be considered to have gross an-nual receipts from the sale of consumercommodities of $1.5 million or more as de-

scribed in ORS 616.850 (2), unless the estab-lishment demonstrates to the departmentthat it does not. The determination of thedirector shall be deemed a final order not ina contested case for purposes of judicial re-view under ORS chapter 183. [1977 c.181 §8; 2009c.175 §8]

616.880 Written warning notice forminor violation. Nothing in ORS 616.850 to616.890 shall be construed as requiring theState Department of Agriculture to cite inci-dental or minor violations of ORS 616.860 to616.870 whenever the department believesthat the public interest will be served ade-quately in the circumstances by issuance ofan alleged written warning notice. Eachsuch notice issued shall include the nameand address of the grocery store or foodmarket, the date of the notice issuance, adescription of the alleged violation and astatement of the penalties for a continuedcourse of violation. [1977 c.181 §9; 2009 c.175 §9]

616.885 [1977 c.181 §10; 1991 c.734 §54; renumbered616.996 in 2001]

616.890 Short title. ORS 616.850 to616.890 may be cited as the Unit PricingLaw. [1977 c.181 §2; 2009 c.175 §10]

PENALTIES616.900 [1989 c.1025 §8; 1991 c.734 §55; 2001 c.320 §9;

repealed by 2001 c.320 §10]616.990 [Subsection (2) of 1959 Replacement Part

renumbered as part of 561.990; subsection (3) enacted as1961 c.637 §16; 1965 c.107 §3; subsection (10) enacted as1971 c.176 §9; repealed by 1973 c.227 §26]

616.992 General criminal penalty. Theviolation of any provisions of this chapter orof any rule adopted under this chapter is aClass B misdemeanor for a first offense, anda Class A misdemeanor for a second or sub-sequent offense. [1973 c.227 §28; 2009 c.11 §79; 2009c.175 §1]

616.994 Criminal penalty for open datelabeling law violations. Violation of anyprovision of ORS 616.800 to 616.835 or of anyrule promulgated pursuant thereto is a ClassB misdemeanor. [1973 c.173 §10]

616.996 [Formerly 616.885; repealed by 2009 c.175§6]

616.997 Civil penalties; rules; hearing;disposition of moneys. (1) In addition toany penalty available under ORS 561.190,616.992 or 616.994, the State Department ofAgriculture may impose a civil penalty for aviolation of this chapter or of rules, regu-lations or standards adopted under thischapter. For the purposes of this section,each day a violation continues after the pe-riod of time established for compliance shallbe considered a separate violation unless thedepartment finds that a different period oftime is more appropriate to describe a spe-cific violation event.



(2) The department may adopt rules es-tablishing a schedule of civil penalties thatmay be imposed under this section. Civilpenalties imposed under this section may notexceed $10,000 for each violation.

(3) When the department imposes a civilpenalty under subsection (1) of this section,the department shall impose the penalty inthe manner provided by ORS 183.745, exceptthat the written application for a hearingmust be received by the department no laterthan 10 days after the date of mailing orpersonal service of the notice of civil pen-alty.

(4) Moneys received by the departmentfrom civil penalties imposed under this sec-tion shall be deposited in the General Fundto the credit of the Department of Agricul-ture Account. [2009 c.175 §12]

CHAPTER 617

[Reserved for expansion]


TITLE 49 FOOD AND OTHER COMMODITIES: PURITY, … · Oregon Health Authority. (c) Shellfish operations licensed under ORS chapter 622. Title 49 Page 19 (2009 Edition) 616.716 FOOD

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