OAR 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.

Source: Rule 603-025-0320 — License and Inspection Exemption, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-025-0320.

603‑025‑0010
Definitions 603‑025‑0020
General Standards of Food Establishment Construction and Maintenance 603‑025‑0030
Retail Food Code 603‑025‑0080
Foods Subject to Pull Date Labeling 603‑025‑0090
Foods Exempt from Labeling 603‑025‑0100
Form of Labeling 603‑025‑0110
Labeling Placement 603‑025‑0120
Identification After Pull Date Expiration 603‑025‑0130
Label Pull Date Information 603‑025‑0140
Food Storage Warehouses 603‑025‑0150
Food Processing Establishments 603‑025‑0151
Property Tax Exemption for Qualified Machinery and Equipment 603‑025‑0152
Certification Fees 603‑025‑0160
Package Labeling Requirements 603‑025‑0170
Bulk Placard Requirements 603‑025‑0180
Responsibility 603‑025‑0190
Standards of Identity, Additives, Pesticide Tolerances, Food Labeling, Good Manufacturing Practice, Low Acid Canned Foods, and Acidified Foods 603‑025‑0200
Establishments Utilizing Domestic Kitchen Facilities 603‑025‑0215
Purpose 603‑025‑0225
Definitions 603‑025‑0235
Farm Direct Marketer Exemption 603‑025‑0245
Consignment Sales 603‑025‑0255
Prohibitions 603‑025‑0265
Labeling Requirements 603‑025‑0275
Producer-Processed Foods Records 603‑025‑0315
Definitions 603‑025‑0320
License and Inspection Exemption 603‑025‑0325
Labeling 603‑025‑0330
Revocation of Exemption 603‑025‑0410
Requirements for Dungeness Crab 603‑025‑0425
Crab Harvested Outside Oregon in an Area that Would Be a Biotoxin Management Zone, if in Oregon 603‑025‑0500
License Fees and Categories for Food Establishments 603‑025‑0510
New License Payments 603‑025‑0900
Purpose 603‑025‑0910
Definitions 603‑025‑0920
Schedule of Civil Penalties 603‑025‑0930
Penalty factors
Last Updated

Jun. 8, 2021

Rule 603-025-0320’s source at or​.us