Oregon Department of Agriculture

Rule Rule 603-025-0315

In addition to the definitions set forth in OAR 603-025-0010 (Definitions) the following shall apply:


“Baked goods” include bread, rolls, cakes, pies, doughnuts, cookies, biscuits, crackers and all similar goods, to be used for human food.


“Confectionary items” mean candy or sweets, including, but not limited to: salted caramel, fudge, marshmallow bars, chocolate covered marshmallows, and hard candy.


“Department” means the Oregon Department of Agriculture.


“End user” means a person, who is a member of the public, who takes possession of food, and is not functioning in the capacity of an operator of a food establishment, and does not offer the food for resale.


“Food” means any article used, or intended to be used, for food, ice, drink, confection or condiment, whether simple or compound, or any part or ingredient thereof or in the preparation thereof, and for human consumption.


“Food establishment” means:


Any room, building, structure or place, used or intended for use, or operated for storing, preparing, compounding, manufacturing, processing, freezing, packaging, distributing, handling, salvaging or displaying food.


The ground upon which such place or business is operated or used and the adjacent ground that is also used in carrying on the business of the establishment. The department may prescribe additional areas or places that may not be contiguous or adjacent to the above area or establishment, but may be included therein.


Vehicles, machinery, equipment, utensils, tools, fixtures, implements, and all other articles or items, used in operating or carrying on the business of a food establishment.


“Food handler training program” means a food handler training program offered by the Oregon Health Authority or designated agent of the Oregon Health Authority, or offered by a local public health authority or designated agent of the local public health authority that has been approved by the Oregon Health Authority.
(8)(a)“Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae.


“Marijuana” does not include industrial hemp, as defined in ORS 571.300.


“Marijuana items” means marijuana, cannabinoid products, cannabinoid concentrates, and cannabinoid extracts.


“Person(s)” means the individual(s) responsible for food preparation that are present during the commercial operation of an exempt residential kitchen.


“Potentially hazardous” means requiring temperature control due to the capacity to support the rapid and progressive growth of infectious microorganisms or the growth of toxic microorganisms. Potentially hazardous baked goods and confectionary items foods include, but are not limited to:


Food containing fresh, frozen or dried meat (including jerky);


Food made with fish or shellfish products;


Food that requires any type of refrigeration after production, such as, but not limited to: cream, custard, or meringues.


Pies, cakes, or pastries with cream, custard, or cream cheese icings or fillings;


Focaccia-style breads made with vegetables or cheese; and


Candied fresh fruit products including caramel and candy apples.


“Residential dwelling” means a home or area within a rental unit, in which a person or persons make their primary residence.


“Total gross sales of food” means the total annual retail sale value of all food produced under this exemption and sold by the person or persons operating an exempt residential kitchen.

Last accessed
Jun. 8, 2021