1. (1) As used in this rule, "potentially hazardous food" means any food or beverage that contains milk or dairy products, eggs, meat, fish, shellfish, poultry, cooked rice or beans, raw seed sprouts, cut melons, cut leafy greens, heat-treated vegetables and vegetable products, and all other previously cooked foods.
2. (2) A birthing center shall make dietary services available to provide clients and family members with nutritious liquids, snacks, or other foods.

3. (3) A birthing center must be able to store, refrigerate, and reheat food to meet the needs of a client.

   1. (a) Food shall be stored in a space used only for food, beverages, and kitchen utensils.
   2. (b) Any food or beverage brought to the birthing center by the client or a client's family member shall be 'ready to eat' and labeled with the client's name and dated. 'Ready to eat' food shall not include raw meat and must be discarded promptly after the client is discharged from the birthing center.
   3. (c) All food must be discarded after service from the kitchen to the client.
   4. (d) Any food prepared or assembled for a client after admission to the birthing center must be promptly discarded if the food has not been consumed within 24 hours or is leftover after the client is discharged from the birthing center.
4. (4) Prior to the preparation, assembly or handling of food that will be eaten by a client or a client's family member, birthing center staff must complete a food handler training program and obtain a certificate of program completion from the Oregon Health Authority, local public health authority, or a designated agent.

5. (5) At least one refrigerator shall be on-site that is adequate to store all potentially hazardous foods at or below 41 degrees Fahrenheit.

   1. (a) A thermometer in working condition shall be affixed to the door, or the front edge of the top shelf, of each refrigerator. Refrigerators equipped with a temperature gauge visible from the exterior are acceptable.
   2. (b) A refrigerator used for food storage shall have a sign or label identifying the refrigerator is for food storage only.

6. (6) A birthing center may make arrangements with an external vendor to prepare or deliver food to the birthing center. All catered or delivered foods shall be:

   1. (a) Prepared by a licensed food establishment or in a kitchen approved by the Oregon Health Authority or local public health authority; and
   2. (b) Delivered in a safe, sanitary manner with food maintained at the required temperature specified in this rule.
7. (7) All potentially hazardous food shall be kept at 41 degrees Fahrenheit or below, or 135 degrees Fahrenheit or above. Foods requiring refrigeration after preparation shall be uncovered or put in a shallow pan and placed in a refrigerator at 41 degrees Fahrenheit or below.

8. (8) Eating utensils must be provided by the birthing center. Eating utensils must be washed, rinsed, and sanitized after each use in accordance with the OAR 333-150-0000, chapter 4, parts 4-5, 4-6, and 4-7. Alternatively, the birthing center may:

   1. (a) Use single service utensils; or
   2. (b) Provide a notice to clients stating, "For your convenience, dishes and utensils have been washed. If you would like to further sanitize these items, please contact staff." The sanitizing agent must be available where cleaning solutions are routinely stored.
9. (9) All counters, shelves, tables, refrigeration equipment, sinks, drain boards, dish tables, cutting boards, appliances and other equipment used for food service shall be kept clean and in good repair.
10. (10) Food contact surfaces and equipment shall be washed, rinsed, and sanitized after each use in accordance with OAR 333-150-0000, chapter 4, parts 4-5, 4-6, and 4-7.
11. (11) The administrative rules specified in sections (8) and (10) of this rule can be found on the website: http://www.healthoregon.org/foodsafety.

Statutory/Other Authority

ORS 441.025

Statutes/Other Implemented

ORS 441.025

History

PH 23-2025, adopt filed 11/03/2025, effective 11/03/2025