OAR 603-025-0320 - License and Inspection Exemption

Rule Rule 603-025-0320
License and Inspection Exemption

(1)

ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) do not apply to a food establishment if:

(a)

The food establishment is located in a residential dwelling;

(b)

The food establishment sells food only to the end user of the product;

(c)

The foods prepared at the food establishment for public distribution are not potentially hazardous and do not contain marijuana or marijuana items;

(d)

The foods prepared at the food establishment for public distribution are sold only to the end user of the product, and are:

(A)

Baked goods; or

(B)

Confectionary items;

(e)

The food establishment complies with the provisions of OAR 603-025-0020 (General Standards of Food Establishment Construction and Maintenance) and 603-025-0150 (Food Processing Establishments);

(f)

The annual gross sales of foods prepared at the food establishment do not exceed $20,000; and

(g)

Each person involved in the preparation of food at the foodestablishment for public distribution has successfully completed a food handler training program and holds a certificate issued pursuant to ORS 624.570 (Food handler training requirement) and OAR chapter 333 division 175.

(2)

A person may not sell foods prepared in an exempt residential kitchen:

(a)

On the Internet; or

(b)

To a commercial entity or institution, including, but not limited to a:

(A)

Restaurant;

(B)

Grocery store;

(C)

Caterer;

(D)

School;

(E)

Day care center;

(F)

Hospital;

(G)

Nursing home; or

(H)

Correctional facility.

(3)

Records:

(a)

A person operating an exempt residential kitchen must maintain accurate records of annual sales and the types of food produced by the food establishment;

(b)

A person must maintain all records for at least three years; and

(c)

A person must make all records available for inspection by the Department upon request.

(4)

The Department may require that a baked good or confectionary item be assessed by the Department to ensure that it is not potentially hazardous.

(5)

Any area or room of a residential dwelling may be used for food preparation, packaging, storage, or handling of permitted food products if it is constructed and maintained in a clean, healthful, and sanitary condition.

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Oregon Department of Agriculture

Rule Rule 603-025-0320
License and Inspection Exemption

(1)

(a)

(b)

(c)

(d)

(A)

(B)

(e)

(f)

(g)

(2)

(a)

(b)

(A)

(B)

(C)

(D)

(E)

(F)

(G)

(H)

(3)

(a)

(b)

(c)

(4)

(5)

Source

Oregon Department of Agriculture

Rule Rule 603-025-0320 License and Inspection Exemption

(1)

(a)

(b)

(c)

(d)

(A)

(B)

(e)

(f)

(g)

(2)

(a)

(b)

(A)

(B)

(C)

(D)

(E)

(F)

(G)

(H)

(3)

(a)

(b)

(c)

(4)

(5)

Source

Rule Rule 603-025-0320
License and Inspection Exemption