OAR 333-015-0105
Oregon Menu Labeling Act: Definitions

For purposes of OAR 333-015-0100 (Oregon Menu Labeling Act: Authority and Purpose) through 333-015-0165 (Oregon Menu Labeling Act: Disclaimers and Additional Nutrition Information), the following definitions shall apply:

(1)

“Act” means the Oregon Menu Labeling Act as it appears in 2009 Oregon Laws, chapter 314 (House Bill 2726).

(2)

“Alcoholic beverage” means any liquid or solid containing more than one-half of one percent alcohol by volume and capable of being consumed by a human being.

(3)

“Calorie and nutrient database” means a commercial computer application or a raw nutrient database that is based on United States Department of Agriculture’s (USDA) National Nutrient Database for Standard Reference.

(4)

Intentionally left blank —Ed.

(a)

“Chain restaurant” means a restaurant that is located in Oregon that:

(A)

Is a part of an affiliation of 15 or more restaurants within the United States;

(B)

Sells standardized menu items that constitute 80 percent or more of the menu items served in the restaurant and at least 14 of the other affiliated restaurants; and

(C)

Operates under a trade name or service mark, both as defined in ORS 647.005 (Definitions), which is identical or substantially similar to the trade names or service marks of the affiliated restaurants.

(b)

“Chain restaurant” does not mean:

(A)

A restaurant located inside a facility that is subject to Oregon Department of Agriculture inspection under an interagency agreement described in ORS 624.530 (Agreement to ensure only one agency inspects facilities), unless the trade name or service mark for the restaurant differs from the trade name or service mark of the facility containing the restaurant;

(B)

A cafeteria of a public or private educational institution;

(C)

A health care facility as defined in ORS 422.015; or

(D)

A motion picture theater.

(5)

“Combination meal menu item” means a group of two or more food products or menu items that is offered on a menu, menu board or food tag as a distinct item for sale and that is offered for sale for more than 90 days during a calendar year and which may or may not give the consumer a choice of food items to be included in the meal.

(6)

“Condiment” means a sauce, seasoning or dressing including but not limited to butter, jellies or jams, ketchup, mustard, hot sauce, tartar sauce, and similar items offered for general use without charge and not a part of a standard recipe.

(7)

“Food product” means a discrete unit serving of a ready-to-eat food or beverage.

(8)

Intentionally left blank —Ed.

(a)

“Food tag” means an informational label placed near a menu item, combination meal menu item, or food product that is identified or indicated by the label.

(b)

“Food tag” does not mean a menu or menu board.

(9)

“Government standards” means nutrient values defined by the USDA National Nutrient Database for Standard Reference.

(10)

“Laboratory testing” means the chemical analysis of food products to determine nutrient content.

(11)

“Menu” means a pictorial display or written description of menu items, combination meal menu items, or food products that does not have a fixed location and is not intended for joint viewing by multiple patrons.

(12)

Intentionally left blank —Ed.

(a)

“Menu board” means a pictorial or written description of menu items, combination meal menu items, or food products that:

(A)

Is located where the customer places an order for a menu item; and

(B)

Is not a menu or a food tag.

(b)

“Menu board” does not mean a pictorial display used solely for the purpose of marketing.

(13)

Intentionally left blank —Ed.

(a)

“Menu item” means a prepared food product that is offered on a menu, menu board or food tag as a distinct article for sale.

(b)

“Menu item” does not mean the following:

(A)

Condiments that are made available on tables or counters for general use without charge;

(B)

Food products that are offered for sale for less than 90 days during a calendar year;

(C)

Alcoholic beverages, except as provided for under OAR 333-015-0160 (Oregon Menu Labeling Act: Alcoholic Beverages); or

(D)

Food products in sealed manufacturer packaging.

(14)

“Restaurant” means any establishment where food or drink is prepared for consumption by the public or any establishment where the public obtains food or drink so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments that prepare food or drink in consumable form for service outside the premises where prepared, but does not include railroad dining cars, bed and breakfast facilities or temporary restaurants.

(15)

“Self-service item” means any menu item that restaurant customers are permitted to obtain without assistance of a restaurant employee or agent.

(16)

“Sealed manufacture packaging” means any food product sold in a sealed package subject to the nutrition labeling requirements for the Federal Nutrition Labeling and Education Act of 1990 (21USC 301) (21CFR101) (PL101-535) (NLEA).

(17)

“Serving” means the discrete amount or portion of food as determined by the chain restaurant. Serving does not have the same definition given by the USDA and cited in the NLEA.

(18)

“Standardized menu item” means any food product that is prepared with a standard recipe or formula within a chain restaurant, regardless of its name as a menu item.

(19)

“Variable menu item” means a menu item that is available in different flavors and varieties at the same price point.

(20)

“Verifiable reference values” means nutrient values based on the USDA National Nutrient Database for Standard Reference.

Source: Rule 333-015-0105 — Oregon Menu Labeling Act: Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-015-0105.

333‑015‑0025
Oregon Indoor Clean Air Act: Authority and Purpose 333‑015‑0030
Oregon Indoor Clean Air Act: Definitions 333‑015‑0035
Oregon Indoor Clean Air Act: General Provision 333‑015‑0040
Oregon Indoor Clean Air Act: Signs 333‑015‑0045
Oregon Indoor Clean Air Act: Ashtrays 333‑015‑0056
Oregon Indoor Clean Air Act: Smoke Shop Application for Certification 333‑015‑0057
Oregon Indoor Clean Air Act: Smoke Shop Application Review 333‑015‑0058
Oregon Indoor Clean Air Act: Smoke Shop Ongoing Requirements for Certification 333‑015‑0059
Oregon Indoor Clean Air Act: Smoke Shop Renewal of Certification 333‑015‑0061
Oregon Indoor Clean Air Act: Transfer of Ownership or Location 333‑015‑0062
Oregon Indoor Clean Air Act: Vehicles 333‑015‑0064
Oregon Indoor Clean Air Act: Outdoor Smoking Areas 333‑015‑0066
Oregon Indoor Clean Air Act: Cigar Bars 333‑015‑0070
Oregon Indoor Clean Air Act: Oregon Health Authority Responsibilities 333‑015‑0075
Oregon Indoor Clean Air Act: Complaint Response 333‑015‑0078
Oregon Indoor Clean Air Act: Violations 333‑015‑0080
Oregon Indoor Clean Air Act: Public Places which Oregon Health Authority, Public Health Authority Regularly Inspects 333‑015‑0082
Oregon Indoor Clean Air Act: Public Places Regulated by Other State Agencies or Local Governments 333‑015‑0085
Oregon Indoor Clean Air Act: Penalties 333‑015‑0090
Effective Date 333‑015‑0100
Oregon Menu Labeling Act: Authority and Purpose 333‑015‑0105
Oregon Menu Labeling Act: Definitions 333‑015‑0110
Oregon Menu Labeling Act: General Provisions 333‑015‑0115
Oregon Menu Labeling Act: Written Formats for Nutrition Information 333‑015‑0120
Oregon Menu Labeling Act: Nutrition Labeling of Variable Menu Items 333‑015‑0125
Oregon Menu Labeling Act: Nutrition Labeling of Combination Meal Menu Items 333‑015‑0130
Oregon Menu Labeling Act: Nutrition Information for Shared Menu Items or Shared Combination Meal Menu Items 333‑015‑0135
Oregon Menu Labeling Act: Acceptable Methods for Determining Typical Nutrient Values for Required Nutrition Information 333‑015‑0140
Oregon Menu Labeling Act: Verifiable and Accurate Information 333‑015‑0145
Oregon Menu Labeling Act: Nutrition Information for Self-Service Items 333‑015‑0150
Oregon Menu Labeling Act: Trans Fat 333‑015‑0155
Oregon Menu Labeling Act: Rounding Rules 333‑015‑0160
Oregon Menu Labeling Act: Alcoholic Beverages 333‑015‑0165
Oregon Menu Labeling Act: Disclaimers and Additional Nutrition Information 333‑015‑0200
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Definitions 333‑015‑0205
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Notice Posting Requirement 333‑015‑0210
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Location of Tobacco Products Within a Retail Store 333‑015‑0215
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Enforcement 333‑015‑0220
Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Biennial Report 333‑015‑0300
Packaging and Labeling: Purpose, Scope and Effective Date 333‑015‑0305
Packaging and Labeling: Definitions 333‑015‑0310
Labeling Requirements for Liquid Nicotine Containers 333‑015‑0320
Labeling Requirements for Prefilled Inhalant Delivery Systems 333‑015‑0325
Labeling Requirements for Fillable Inhalant Delivery Systems 333‑015‑0340
Packaging Requirements for Liquid Nicotine Containers 333‑015‑0345
Packaging Requirements for Non-nicotine Liquid Containers 333‑015‑0350
Packaging Requirements for Prefilled Inhalant Delivery Systems 333‑015‑0355
Packaging Requirements for Fillable Inhalant Delivery Systems 333‑015‑0357
Packaging Attractive to Minors 333‑015‑0360
Verification of Packaging that is Child-Resistant 333‑015‑0365
Enforcement: Inspections 333‑015‑0370
Enforcement: Violations 333‑015‑0375
Civil Penalties
Last Updated

Jun. 8, 2021

Rule 333-015-0105’s source at or​.us