Retail Food Code

1. (1) In addition to the provisions of OAR 603-025-0020 a retail food establishment shall comply with the Oregon Department of Agriculture Retail Food Code, 2023, which is incorporated herein and made part of this rule by this reference.

2. (2) Retail Fruit and Vegetable Stands and Similar Outlets: Retail fruit and vegetable stands, and other similar unusual food sales outlets, are also subject to these retail food establishment provisions, except as follows:

   1. (a) Fruit and vegetable stands located on a farmers own property, wherein only fruits and vegetables grown by the owner are sold, and no food processing is being done, are exempt from licensing;
   2. (b) Food establishments that are exempt under OAR 603-025-0215 to 603-025-0275 (Farm Direct Marketing Rules), are exempt from licensing;
   3. (c) Other fruit and vegetable stands may be exempted from certain retail food establishment requirements where the department determines that public health principles will not be compromised.

3. (3) New Establishment Construction or Remodeling:

   1. (a) Prior to undertaking construction of a new retail food establishment, and as a condition to obtaining a license to operate the establishment, a copy of the construction plans and specifications, together with a statement of an expected completion date, shall be submitted to the department for review and comment as to sanitation and food maintenance;

   2. (b) Prior to undertaking remodeling of an existing establishment in order to expand or add food processing or food service facilities, a copy of the construction plans and specifications, together with a statement of an expected completion date, shall be submitted to the department for review and comment as to sanitation and food maintenance.

      [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 561, 616, 619 & SB 90 (2019)

Statutes/Other Implemented

ORS 616.700

History

DOA 6-2023, amend filed 03/22/2023, effective 03/22/2023
DOA 5-2023, minor correction filed 02/16/2023, effective 02/16/2023
DOA 4-2023, amend filed 02/02/2023, effective 02/02/2023
DOA 25-2019, amend filed 12/20/2019, effective 12/20/2019
DOA 30-2012, f. 12-17-12, cert. ef. 1-1-13
DOA 6-2006, f. & cert. ef. 3-10-06
DOA 29-2002, f. 12-23-02, cert. ef. 1-1-03
AD 21-1990, f. & cert. ef. 11-27-90
AD 2-1987, f. & ef. 1-30-87