Oregon Department of Agriculture

Rule Rule 603-025-0320
License and Inspection Exemption


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:


The food establishment is located in a residential dwelling;


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


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


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


Baked goods; or


Confectionary items;


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);


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


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.


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


On the Internet; or


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




Grocery store;






Day care center;




Nursing home; or


Correctional facility.




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


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


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


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


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.

Last accessed
Jun. 8, 2021